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6 



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CHARTERS 



THE OLD ENGLISH COLONIES 



IN AMERICA. 



AN INTRODUCTION AND NOTES, 



SAMUEL LUCAS, Esq., M.A. 

LATE OF QUEEN'S COLLEGE, OXFORD; BARRISTER AT LAW. 



PUBLISHED FOR THE SOCIETY FOR THE REFORM OF 
COLONIAL GOVERNMENT. 



LONDON: 
JOHN W. PARKER, WEST STRAND. 



<. 






% Transfer <», 



1/ 



Canterbury Papers. 



* # * These Papers are published occasionally, in order to circulate informa- 
tion concerning the principles, objects, plans, and proceedings of the Founders 
of the Settlement of Canterbury, in New Zealand. 

Now Ready, Nos. I. & IT. (with a Map,) 6d. each. 

Contents : Committee and Officers of the Canterbury Association — Sketch of 
their Plan — Preliminary Arrangements and Economy of the proposed Settlement — 
Form of Government — Concentration — Supply of Labour — Other distinctive fea- 
tures — Price of Land — Application of Proceeds — Preliminary Survey and Roads — 
Immigration Fund — Selection of Colonists — Mode of Selecting Land — Allotment of 
Pastoral Ranges — Ecclesiastical and Educational Endowments — Progress hitherto — 
Topographical Information respecting the Canterbury District — Despatch of Captain 
Thomas — Despatch from Captain Stokes, R.N. — Replies from Messrs. Deans to 
Captain Thomas's Inquiries — Letter from the Chief Surveying Officer of H.M. ship 
Acheron — Report on the Coast from Kaiapoi to Otago, by Walter Mantell, Esq., 
Government Commissioner — Letter from the Bishop of New Zealand — Correspond- 
ence between Lord Lyttelton and Earl Grey — Terms of Purchase — Instructions to 
John Robert Godley, Esq., Local, Agent of the Association. 

London : JOHN W. PARKER, West Strand. 



ERRATUM. 

In the last line of the Introduction, for " exercise," read " avenue.' 






I 



<z&z> 



CONTENTS. 



PAGE 

Introduction vii 

/^Virginia Charters — 

No. I 1 

No. II 10 

No. Ill 20 

The New England States 30 

Charters of the New England States — 

* Massachusetts 32 

y Connecticut 46 

U- Rhode Island 55 

Massachusetts Second Charter 66 

New Hampshire and Maine 85 

Proprietary Charters — 

-- Maryland 87 

^The Carolinas 97 

Pennsylvania and Delaware 98 

New York and New Jersey 109 

j. The Charter of Georgia 110 



INTRODUCTION. 



THE present volume comprises ten of the Charters 
which were granted to our early American Colo- 
nies. The same Charters were originally collected by a 
bookseller, named Almon, at the close of the last 
century; but as his edition has become scarce, and is 
much sought after, they are now reprinted, with the 
addition of some explanatory statements and notes. 
It has not been thought necessary to add to their 
number, though many are wanting to complete the 
series,* inasmuch as Almon' s edition contains the 
principal specimens of each class into which they have 
been appropriately distinguished. An attempt only 
has been made to improve upon Almon' s method, 
who, to borrow a simile from Mr. Carlyle, edited them 
as you edit bricks, by tilting the wagon. Be the 
result as it may, it is necessarily imperfect, as the 
intention was conceived but a week or two since, in 
connexion with the question of Colonial misgovern- 
ment. The object was to furnish at a critical time 
materials for comparison between our present attempts, 
and the grandest and most successful colonizing opera- 



* In fact, to the time of the founding of New South Wales, when 
the convict system involved the adoption by England of the centralized 
methods of France and Spain, a Colony had a Charter as an indis- 
pensable condition of its political existence. 

a2 



INTRODUCTION. 



tions which England, or, indeed, any other nation, 
ancient or modern, has ever accomplished. It is 
obviously not so much a perfect design, as a pressing 
want, which was here contemplated, and the value of 
the book should be estimated accordingly. 

The want of such a work was, indeed, exemplified, 
a few nights back, in an eminent instance. When 
Lord John Russell made his exposition of the future 
Colonial policy of the Government, and when, for 
that purpose, he professed to review the past history 
of our Colonial possessions, it was remarkable that 
he never once alluded to those which were the earliest 
and greatest of all. As I could not impute to his 
Lordship for a moment the design of slipping over 
a difficulty, I can only conceive that he shared in 
the disability, which we have most of us commonly 
laboured under hitherto, of a want of familiarity with 
their most ancient records. Inasmuch as these are 
the key to their history, it is not to be wondered at 
that our leading statesmen have, as yet, been unable 
to appreciate its value. 

The Charters themselves will be found most in- 
structive, by showing, in the first place, the liberal 
terms upon which our ancestors commenced to colonize. 
At the outset, they acquired the rights and privileges 
of British born subjects — an extensive grant, when, 
according to the theory of those early times, these 
Colonies were assumed to be the property of the 
Crown. Under this provision, they at once obtained 
the benefit of the common law of England, with all 
its inferential rights and obligations ; and though this 
incident is necessarily implied in the later and truer 
theory of state, which concludes that these Colonies 
were a part of the Empire, at that time, it behoves us 



INTKODUCTION. IX 

especially to remember it was conferred and received 
in the light of a boon. 

4 In regard to the legislative power,' says Story, 
4 there was a still more extensive latitude allowed ; 
for, notwithstanding the cautious reference in the 
Charters to the laws of England, the assemblies 
actually exercised the authority to abrogate every 
part of the common law, except that which united 
the Colonies to the parent state by the general ties of 
allegiance and dependency; and every part of the 
statute law, except those Acts of Parliament which 
expressly prescribed rules for the Colonies, and neces- 
sarily bound them, as integral parts of the Empire, in 
a general system, formed for all, and for the interest 
of all.' Upon these comprehensive bases, then, on 
the one hand, the full, unqualified right to all the 
principles of the common law ; and, on the other, the 
liberty to dispense with its provisions, as far as they 
were found unsuitable to their position, the whole of 
the Colonial Charters were founded. 

On the basis of these, the distinctive provisions of 
each Charter gave supplemental powers. In this 
respect the Charters may be divided into three classes 
— Provincial, Proprietary, and Municipal; the last 
designation only implying absolute powers of local 
self-government, as distinguished from such powers 
conferred with limitations.* Ehode Island and Con- 



* My designation of ' municipal/ as a distinctive term, must be 
clearly understood as only employed from the wish to follow a strict 
terminology. There can be no doubt that the Colonial Charters, 
the Proprietary ones especially, were municipal in the very highest 
degree, short of that absolute absence of limitation under which this 
element existed in the charters of some of the New England States. 
In a political point of view they may be also termed municipal, inas- 
much as this was their principal ingredient ; but, legally speaking, 



r 



X INTRODUCTION. 

iiecticut are specimens of the Municipal, Maryland of 
the Proprietary, and Virginia of the Provincial class. 
Both in the Proprietary and Municipal Charters, the 
right of the people to be governed by laws established 
by a local legislature, in which they were represented, 
was not only sanctioned, but its exercise provided for. 
But in the one case, it was exercised, subject to the 
veto of the Proprietary, whose position resembled that 
of the Sovereign;* and, in the other, subject to the 
Veto of a Governor of the Colonists' election, and to 
whom he was responsible. c In the Provincial govern- 
ments/ says Mr. Justice Story, 'it was often a matter 
of debate, whether the people had a right to be repre- 
sented in the legislature, or whether it was a privilege 
enjoyed by the favour, and during the pleasure, of the 
Crown/ But the right, as a matter of fact, was 
maintained in opposition to the Crown and its legal 
advisers. 

In all of the Colonies, sooner or later, local legisla- 
tures were established, one branch of which consisted 
of representatives of the people, freely chosen, to 
represent and defend their interests, and possessing a 
negative upon all laws.f At as early a period as 1619, 
a House of Burgesses was forced, says Eobertson, 






I have reserved the term for such only as were purely and strictly 
so, excluding entirely all other elements. I would especially guard, 
in the present place, from being supposed for a moment to impute 
the greatness of our Colonies, as contrasted with those of France and 
Spain, to any other element than the municipal spirit which was, in 
fact, the vivifying principle of their institutions, and which enabled 
us, moreover, to retain their loyalty, till, mistaking our functions, we 
attempted to quench it. 

* In the Proprietary Charter of Pennsylvania, however, the laws 
were made subject to the Crown's supervision. 

t See Story, i. 149, in the Constitution of the U.S< 



INTRODUCTION. XI 

upon the then reluctant proprietors of Virginia. In 
Massachusetts, Connecticut, New Hampshire, and 
Ehode Island, the same course was pursued ; and Mr. 
Hutchinson has observed, that all the Colonies, before 
the reign of Charles II., (Maryland alone excepted, 
whose Charter contained an express provision on the 
subject,) had settled a model of government for them- 
selves, in which the people had a voice and representa- 
tion in framing the laws, and in assenting to burthens 
to be imposed upon themselves. Story adds, that 
after the Restoration, there was no instance of a 
Colony without a representation of the people, nor 
any attempt to deprive the Colonies of this privilege, 
except during the brief and arbitrary reign of 
James II. 

To revert, however, to the main position, the con- 
clusion is, that under the Charters, if not strictly in 
pursuance of their provisions, the Colonies enjoyed 
ample powers of seZ/'-government, irrespective of the 
form which that government assumed. And even 
where they transgressed the limits of these Charters, 
which it must be admitted they did in numerous 
instances, and the occasion of which I shall estimate 
presently, it was so long a time before their acts were 
questioned, that they were permitted to conduct 
their first operations almost as if they had been prac- 
tically independent. There is this peculiarity about 
the Charters themselves — that, as some of their pre- 
liminary recitals state, one of their objects was to invite 
emigration, and no greater inducement could be found 
to invite emigrants than the power conceded, expressly 
or tacitly, to manage their own affairs. There was 
another reason, indeed, for conceding it at their first 
origin, which Chalmers appreciates, though a strenuous 



Xll INTRODUCTION. 

champion of imperial authority. Speaking of the 
earliest state of Virginia, he observes, ' It was impos- 
sible in those days, and it is more so in the present, 
for the Parliament to extend its legislative care to 
the various little wants of an inconsiderable colony ; to 
the making of roads ; the building of churches ; to the 
affording of remedies for inconveniences which altera- 
tion of circumstances daily brought forth.'* The 
Parliament's disability, therefore, conspired with the 
policy of inviting emigration to the Colonies; and 
many of the Charters were thus obtained before the 
settlers departed from our shores. To use the phrase 
of the people of Massachusetts, they were 4 settled' in 
the Colony with the Colonists themselves, and, taking 
root there, they grew with the settlement, extending 
with its limits and amplified by its necessities. 

There is this other peculiarity about the Charters, 
that almost all of them conferred upon the Colonists 
a larger measure of freedom, political as well as reli- 
gious, than England or Europe at that time enjoyed. 
What says Mons. de Tocqueville? 'Lorsque, apres 
avoir ainsi jete un regard rapide sur la society Am^- 
ricaine de 1650, on examine l'etat de l'Europe, et par- 
ticulierement celui du continent vers cette meme 
epoque, on se sent penetre d'un profond etonnement : 
sur le continent de l'Europe, au commencement du 
xvii e siecle, triomphait de toutes parts la royaute 
absolue sur les debris de la liberty oligarchique et 
feodale du moyen age. Dans le sein de cette Europe 
brillante et litteraire jamais peut-etre l'idee des droits 
n'avait ete plus completement meconnue; jamais les 
peuples n'avaient moins recu de la vie politique; 



* Annals, i. 45. 



INTRODUCTION. 



jamais les notions de la vraie liberty n'avaient moins 
preoccupe les esprits, et c'est alors que ces memes 
prineipes, inconnus aux nations Europeennes, ou 
meprises par elles, etaient proclames dans les deserts 
du Nouveau Monde, et devenaient le symbole futur 
d'un grand peuple.' To the aspect of society thus 
created, the ' point de depart, 1 as Mons. de Tocqueville 
phrases it, I attribute that early elastic vigour which 
our American Colonies specially exhibited. It was 
this which invited emigration at a time when, excepting 
a temporary and partial persecution, there was in- 
finitely less pressure outwards than now ; and this, I 
confidently believe, was the cause, pre-eminent above 
others, of the same tendency which conducted that 
emigration to its prosperous issue. 

If, however, I infer that the source of the great- 
ness of our American Colonies was the municipal 
principle, no one, on the other hand, can entertain a 
doubt that the cause of their alienation was inter- 
ference with its exercise. It is not possible, nor indeed 
is it necessary, to exhibit here the successive steps, 
from the attack on their Charters, in 1685, to the 
attempt to deprive them of the municipal right of 
self- taxation, which produced their revolt. But it is 
possible, and especially desirable, at the present 
moment, to state briefly by what instrumentality the 
process was wrought out which produced, in the first 
place, mutual aggressions, and ended at length in com- 
plete separation. 

I say, then, with confidence, that a careful inquiry 
will be found to bear out the statement I make, that 
the primary cause of all the dissensions between this 
country and her American Colonies, was the absence 
of any clear distinction between her imperial, and their 



XIV INTRODUCTION. 



municipal rights. Their early Charters, faulty in 
many respects, were especially so in this particular, 
that they left a wide and debateable ground between 
the local and imperial functions. Upon this ground, 
alternate inroads on either side produced irritation; 
and a sort of border-warfare was kept up, which 
naturally ended by bringing into collision the aggre- 
gate forces of each people, and involving them at 
length in implacable war. 

The Charters, speaking generally, although, as I 
said before, they undoubtedly conferred extensive 
powers, had, nevertheless, this great anomaly : whereas 
some of their powers were granted in derogation of 
the Royal prerogative, or Imperial rights, others 
were conferred with some reservation of the rights 
which properly pertained to the colonists. The 
Crown conferred the right to levy war; on the other 
hand, as the Charter of Pennsylvania provided, it 
reserved a power of taxation to the Parliament. It 
abdicated its regalities in favour of a Proprietary, yet 
claimed to bind him by its fiscal regulations. There 
was thus a confusion in the Charters themselves of 
two powers essentially distinct; each intruded on the 
other's province, and so effaced the line of demar- 
cation. 

The exercise of powers which the Charters omitted, 
but which they ought to have contained, increased 
this confusion, as it obviously widened the debateable 
ground, on which the Colonies were compelled to 
trespass, in order to perfect their system of self-govern- 
ment. For instance, it is appositely mentioned by 
ISTeal, with respect to the first Massachusetts Charter, 
that when it was laid by the agents of Massachusetts 
before some of the best politicians and lawyers after the 



INTKODUCTION. XV 

Revolution, — Somers, Holt, Treby, Ward, &c, they 
thus remarked its defects : ' that being originally 
granted to a great company resident in England, it 
was wholly inapplicable to the circumstances of a 
distant colony, because it gave the body politic no 
more jurisdiction than had every other corporation 
within the kingdom ; that no authority was conferred 
to call special assemblies, wherein should appear the 
delegates of the people, because representation was 
expressly excluded by the clause requiring the 
presence of the freemen in the general courts; that 
no permission was given to raise money, either on the 
colonists, or on strangers trading thither, because the 
King could not give an authority which he did not 
himself possess ; that it did not enable the legislative 
body to erect various judicatories, either of admiralty, 
of probate of wills, or of chancery, because that 
required such a special grant as did not by these 
provisions exist.' Here, then, were various powers 
omitted which the Colonies afterwards had to appro- 
priate, and these powers confessedly necessary to 
their own management of Colonial affairs. 

The necessity under which they laboured, in such 
cases, of transgressing the strict limits of their 
Charters, tended, as I said, to increase the confusion. 
Supposing them void of all inclination to usurp the 
rightful functions of the empire, it was impossible 
that they should freely encroach on the waste without 
occupying territory which they were not entitled to. 
Unconsciously, I believe, in the majority of instances, 
they invaded the boundaries of the imperial domain. 
It is thus that I regard such acts, for example, as the 
Federal Union of the New England States in 1643; 
the treaty entered into, in 1644^ by the Governor of 



XVI INTRODUCTION. 

New England and a Commissioner for the King of 
France. The worst was, that acts of a similar nature 
induced proceedings to forfeit their Charters, and the 
Crown, for its error in what it had not, resumed what 
it had given, by way of reprisals. 

The consequence of these mutual invasions is 
notorious. According to Chalmers, ' uncertainty of 
law introduced that misery, and consequential feeble- 
ness, which every community, when placed in a similar 
situation, had felt; and the Colonies exhibited a 
state of society during the foregoing reign (that of 
George the First) unexampled in the annals of the 
world. Though the Royal instructions had denied 
the provincials mental freedom, by restraining the 
liberty of the Press — and personal freedom, by refusing 
them the writ of Habeas Corpus, they yet enjoyed an 
independence of thought and action beyond what the 
people of Britain exerted.' On the other hand, 
4 though the King was supposed to possess a prero- 
gative in the Provinces superior to that which he 
might exercise within the kingdom, he had been 
gradually deprived, not only of political influence, but 
even of regal authority.' * Thus, neither right was 
adequately enjoyed, but the exercise of both was 
impeded and restrained, from their being entangled 
one with the other. 

That the more sagacious men of the time were not 
blind to the inevitable consequences, I anticipate that 
numerous proofs may be found. One which I met 
with accidentally I produce here for its singular 



* Chalmers' Introduction to the History of the Revolt of the 
Colonies ; a rare book, of which only six copies were printed, but 
which has been recently, I believe, republished in America. 



INTRODUCTION. XV11 

clearness. I should premise that the book I am 
about to quote was the production of one Thomas 
Pownal, who was Governor and Commander-in-chief 
of Massachusetts, South Carolina, and New Jersey, 
about the middle of the eighteenth century, and who, 
coming to England, published a work on the adminis- 
tration of the Colonies some twenty years or more 
before the American revolt broke out. ' If the 
Colonies,' says he, ' are to be possessed as of right, 
and governed by the Crown as demesnes of the 
Crown by such charters, commissions, instructions, 
&c, as the Crown shall from time to time grant or 
issue, then a revision of these charters, commissions, 
instructions, so as to establish the rights of the Crown 
and the privileges of the people as thereby created, is 
all that is necessary. But while the Crown may per- 
haps justly, and of right, in theory, consider these 
lands and the plantations thereon as its demesnes, and 
as of special right properly belonging to it, not in- 
corporated and of common right with the dominions 
and realm of Great Britain, in consequence of which 
theory special rights of the Crown are there esta- 
blished, and from which theory the special modification 
under which the people possess their privileges is 
derived. While this is the idea on the one hand, the 
people on the other say, that they could or not forfeit 
lose the common rights and privileges of Englishmen 
by adventures under various disasters and difficulties, 
under heavy expenses, and every hazard, to settle 
these vast countries, to engage in untried channels of 
labour, thereby increasing the nation's commerce, and 
extending its dominions; but that they must carry 
with them wherever they go, the right of being 
governed only by the laws of the realm — only by laws 



XV1U INTRODUCTION. 

made with their consent; that they must ever retain 
with them the right of not being taxed without their 
own consent or that of their representatives ; and 
therefore, as it were by nature divided off from the 
share of the general representation of the nation, they 
do not hold by tenor of charter or temporary grant 
in a commission, but by an inherent essential right, 
the right of representation and legislature, with all its 
powers and privileges as possessed in England. It is 
therefore that the people do, and ever will, until this 
matter be settled, exercise these rights and privileges 
after the precedents formed here in England, and 
perhaps carried, in the application, even further than 
they ever were in England, and not under the restric- 
tions of commissions and instructions; and it is there- 
fore, also, in matters where laws, made since their 
establishment, do not extend to them by special pro- 
viso, that they claim the right of directing themselves 
by their own laws. While these totally different 
ideas of the principles, whereon the government and 
the people found their claims and rights, remain un- 
settled and undetermined, there can be nothing but 
discordant jarring and perpetual obstruction in the 
exercise of them, — there can be no government, 
properly so called, but merely the predominancy of 
one faction or the other, acting under the mask of the 
forms of government. This is the short and precise 
abstract of the long and perplexed history of the 
governments and administrations of the Colonies under 
the various shapes with which their quarrels have 
vexed themselves and teased government here in Britain. 
The want, then, which Governor Pownal remarked, 
but urged on the English nation in vain, is precisely 
the want of the present hour, and to which I mean 



INTRODUCTION. 



my observations to point. That which is needed to 
preserve our Colonies is a broad demarcation of their 
rights from ours, a clear exemption from all control 
in the matters which solely regard themselves, with a 
supervision only on the part of the empire in matters 
strictly of imperial concernment. 4 Improper limita- 
tions of the local powers of a colony/ says Mr. Wake- 
field, ' if they were fixed by law so that every 
colonist should know exactly what they were, would 
be far preferable to the most proper limitations im- 
posed from time to time arbitrarily, irregularly, and 
without warning.' It is possible to make proper, as 
well as fixed limitations, as the experience of the 
United States has proved in the admirable harmony 
hitherto maintained between its federal and provincial 
constitutions. Yet at this moment, Crown lawyers 
disclaim the known capacity of their American 
brethren, and abandon us to that irregular contest 
which, as Pownal foresaw, will ever be carried on 
until the distinction is finally taken. 

It is thought, in this light, essential to maintain 
(and this is the blot which I desire to hit) in the Bill 
for the Better Government of the Australian Colonies, 
an arbitrary control over the Colonial legislatures, and 
the general Assembly which it is proposed to consti- 
tute, retaining for this purpose the power of the veto 
without qualification, in the English Privy Council. 
Eestraints are therefore imposed for a case in which 
they may be of the slightest importance, over an in- 
definitely vast number of other cases in which they are 
absolutely indifferent to us. On the other hand, the 
Colonies are told at the same time that they must still 
remain in a state of dependence in all which exclu- 
sively concerns them. To their great disgust and 



XX INTRODUCTION. 

mortification and weariness, we insist upon occupying 
an entire province, in which we have not the slightest 
business, in which our presence occasions to them un- 
certainty, vexatious delay, and irritation, without the 
least compensating benefit to ourselves, because we 
are too lazy to make a distinction, or too blind to 
perceive its pressing necessity. 

That for which the following Charters are useful, 
coupled, indeed, with their historic corollaries, is just 
to show us the working of this. There are two 
lessons capable of extraction from most of the 
memorable contests of time ; and we may learn one 
of them with our consent, or one without it. We are 
just at present at that critical point, that we are still 
hesitating which to choose. A spirit has met us on 
the threshold of the future, and offers, like the Roman 
from the folds of his mantle, the old alternatives — 
Peace or War. We may either select betimes for 
ourselves, or leave the choice to others hereafter. 
Either we may maintain the imperial unity, by 
liberating the Colonies from our municipal control, 
or, in evil hour, we may leave them to infer that 
their only chance of municipal freedom is through 
the exercise of their imperial independence. 



Inner Temple, Feb. 1850. 



VIRGINIA CHARTERS. 



The first of these Charters was granted by James, in the year 1606. 
Eleven years before, in 1585, an attempt had been made by Sir 
Richard Grenville, under the auspices of Sir Walter Raleigh, to 
establish a colony at Roanoak. But this and the attempts to 
maintain it having failed, and the voyage of Gosnold in the last 
year of Elizabeth having brought good reports of another district — 
which reports were confirmed by subsequent navigators — an associa- 
tion was formed to found a settlement elsewhere. The attention 
of King James was so favourably directed to the advantages attending 
the plantation of colonies, in consequence of certain experiments of 
his own in the Highlands (see Robertson's Hist, of Scotland), that 
he readily hearkened to the applications which were Qjade to him, 
and accordingly issued his letters patent to Sir Thomas Gates, Sir 
George Somers, and their associates, for two several colonies and 
plantations to be made in Virginia (which at that time had a wider 
signification than at present) and other parts and territories in America, 
These letters patent, dated April 10, 1606, and usually denominated 
the First Virginia Charter, are now given as follows, i/t extenso : — 

Charter No. I. 

I. TAMES, by the grace of God, King of England, Scotland, 
^ France, and Ireland, Defender of the Faith, &c. Whereas 
our loving and well disposed subjects, Sir Thomas Gates, and Sir 
George Somers, Knights, Richard Hackluit, Clerk, Prebendary of 
Westminster, and Edward-Maria Wing-field, Thomas Hanham, 
and Ralegh Gilbert, Esqrs., William Parker, and George Popham, 
Gentlemen, and divers others of our loving subjects, have been 
humble suitors unto us, that we would vouchsafe unto them our 
licence, to make habitation, plantation, and to deduce a colony of 
sundry of our people into that part of America, commonly called 
Virginia, and other parts and territories in America, either apper- 
taining unto us, or which are not now actually possessed by any 
Christian prince or people, situate, lying, and being all along the 
sea coasts, between four-and -thirty degrees of northerly latitude 
from the equinoctial line, and five-and-forty degrees of the same 
latitude, and in the main land between the same four-and-thirty 
and five-and-forty degrees, and the islands thereunto adjacent, or 
within one hundred miles of the coast thereof. 

II. And to that end, and for the more speedy accomplishment 
of their said intended plantation and habitation there, are desirous 

B 



2 VIRGINIA CHARTERS. 

to divide themselves into two several colonies and companies : 
the one consisting of certain knights, gentlemen, merchants, and 
other adventurers, of our city of London and elsewhere, which 
are, and from time to time shall be, joined unto them, which do 
desire to begin their plantation and habitation in some fit and 
convenient place, between four-and-thirty and one-and-forty de- 
grees of the said latitude, along the coasts of Virginia and coasts 
of America aforesaid ; and the other consisting of sundry knights, 
gentlemen, merchants, and other adventurers, of our cities of 
Bristol and Exeter, and of our town of Plymouth, and of 
other places, which do join themselves unto that colony, which 
do desire to begin their plantation and habitation in some fit 
and convenient place, between eight-and-thirty degrees and five- 
and-forty degrees of the said latitude, all along the said coast of 
Virginia and America, as that coast lieth. 

III. We, greatly commending, and graciously accepting of, 
their desires for the furtherance of so noble a work, which may, 
by the 'providence of Almighty God, hereafter tend to the glory of 
his divine Majesty, in propagating of christian religion to such 
people, as yet live in darkness and miserable ignorance of the true 
knowledge and viorship of God, and may in time bring the infidels 
and savages, living in those parts, to human civility, and to a 
settled and quiet government : Do, by these our letters patents, 
graciously accept of, and agree to, their humble and well in- 
tended desires. 
Grant to IV. And do therefore, for us, our heirs and successors, grant 

the London ^ agree, that the said Sir Thomas Gates, Sir George Somers, 

company 01 ~ . . © . . ™ 

liberty to Richard Hackluit, and Edward-Maria Wingfield, adventurers of 
settle any and for our eity of London, and all such others, as are, or shall 
tnecoasfof be, joined/ unto them of that colony, shall be called the first 
North colony; and they shall and may begin their said first plantation 

America, an( j_ habitation, at any place upon the said coast of Virginia or 
34° and lat. America, where they shall think fit and convenient, between the 
41° ; said four-and-thirty and one-and-forty degrees of the said latitude ; 

and of the and that they shall have all the lands, woods, soil, grounds, havens, 
sea coast ports, rivers, mines, minerals, marshes, waters, fishings, commo- 
phtce ofset- Cities, an d hereditaments, whatsoever, from the said first seat 
tlementto of their plantation and habitation by the space of fifty miles 
the distance f English statute measure, all along the said coast of Virginia 
from it^ach an( ^ America, towards the west and south-west, as the coast lieth, 
way, and to with all the islands within one hundred miles directly over against 
loo^f 11 ° f ^ ne same sea coas * j an d also all the lands, soil, grounds, havens, 
into the ports, rivers, mines, minerals, woods, waters, marshes, fishings, 
main land, commodities, and hereditaments, whatsoever, from the said place 
of their first plantation and habitation for the space of fifty like 
English miles, all along the said coasts of Virginia and America, 
towards the east and north-east, or towards the north, as the 
coast lieth, together with all the islands within one hundred miles, 
directly over against the said sea coast ; and also all the lands, 
woods, soil, grounds, havens, ports, rivers, mines, minerals, 
marshes, waters, fishings, commodities, and hereditaments, what- 
soever, from the same fifty miles every way on the sea coast, 



CHARTER NO. I. O 

directly into the main land by the space of one hundred like 
English miles ; ' and shall and may inhabit and remain there ; and 
shall and may also build and fortify within any the same, for 
their better safeguard and defence, according to their best dis- 
cretion, and the discretion of the Council of that colony; and 
that no other of our subjects shall be permitted, or suffered, to 
plant or inhabit behind, or on the backside of them, towards the 
main land, without the express licence or consent of the Council 
of that colony, thereunto in writing first had and obtained. 

V. And we do likewise, for us, our heirs, and successors, by pJ^J^ 116 
these presents, grant and agree, that the said Thomas Hanham, com pany of 
and Ralegh Gilbert, William Parker, and George Popham, and all liberty to 
others of the town Plymouth in the county of Devon, or elsewhere, ^hereontiie 
which are, or shall be, joined unto them of that colony, shall be coast of 
called the second colony; and that they shall and may begin their North 
said plantation and seat of their first abode and habitation, at any be ^veen'lat. 
place upon the said coast of Virginia and America, where they 38° and lat. 
shall think fit and convenient, between eight-and- thirty degrees 45 ° ' 
of the said latitude, and five-and-forty degrees of the same 
latitude; and that they shall have all the lands, soils, grounds, and of the 
havens, ports, rivers, mines, minerals, woods, marshes, waters, sea c °* st . 
fishings, commodities, and hereditaments, whatsoever, from the place of 
first seat of their plantation and habitation by the space of fifty settlement 

like English miles, as is aforesaid, all along the said coasts of *° tlie ,i s ~ 
tt- • • i a • t i i ,1 i tanceofoO 

Virginia and America, towards the west and south-west, or m iiesfromit 

towards the south, as the coast lieth, and all the islands within each way, 

one hundred miles, directly over against the said sea coast; and ^ pth ° f e 

also all the lands, soils, grounds, havens, ports, rivers, mines, ioo miles 

minerals, woods, marshes, waters, fishings, commodities, and int0 tlie 

hereditaments, whatsoever, from the said place of their first m x 

plantation and habitation for the space of fifty like English miles, 

all along the said coast of Virginia and America, towards the east 

and north-east, or towards the north, as the coast lieth, and all 

the islands also within one hundred miles directly over against 

the same sea coast; and also all the lands, soils, grounds, havens, 

ports, rivers, woods, mines, minerals, marshes, waters, fishings, 

commodities, and hereditaments, whatsoever, from the same fifty 

miles every way on the sea coast, directly into the main land, by 

the space of one hundred like English miles; and shall and may 

inhabit and remain there : and shall and may also build and 

fortify within any the same for their better safeguard, according 

to their best discretion, and the discretion of the Council of that 

colony ; and that none of our subjects shall be permitted, or 

suffered, to plant or inhabit behind, or on the back of them, 

towards the main land, without the express licence of the Council that \ he 

of that colony, in writing thereunto first had and obtained. settlements 

VI. Provided always, and our will and pleasure herein is, that ^ t ^ 1 ^ be 

the plantation and habitation of such of the said colonies, as shall S haii be 

last plant themselves, as aforesaid, shall not be made within one more than 

hundred like English miles of the other of them, that first began J^^j^m 

to make their plantation, as aforesaid. the first. 

b2 



VIRGINIA CHARTERS. 



Each of 
these colo- 
nics shall be 
governed by 
a council of 
IS persons 
appointed 
by the king ; 



these coun- 
cils shall 
have seals. 



A superior 
council of 
13 persons 
residing in 
England, 
appointed 
by the king. 



Liberty to 
work all 
mines of 



VII. And we do also ordain, establish, and agree, for us, our 
heirs, and successors, that each of the said colonies shall have a 
council, which shall govern and order all matters and causes, 
which shall arise, grow, or happen, to or within the same several 
colonies, according to such laws, ordinances, and instructions, as 
shall be, in that behalf, given and signed with our hand or sign 
manual, and pass under the privy seal of our realm of England; 
each of which Councils shall consist of thirteen persons, to be 
ordained, made, and removed, from time to time, according as 
shall be directed and comprised in the same instructions;* and 
shall have a several seal, for all matters that shall pass or concern 
the same several Councils; each of which seals shall have the 
king's arms engraven on the one side thereof, and his portraiture 
on the other; and that the seal for the Council of the said first 
colony shall have engraven round about, on the one side, these 
words; Sigillum Regis Magnce Britannice, Francice, Sf Hibemice; 
on the other side, this inscription, round about; Pro Concilio 
prima? Colonics Virginice. And the seal for the Council of the 
said second colony shall also have engraven round about the one 
side thereof, the aforesaid words; Sigillum Regis Magnce Britan- 
nice, Francice, 8? Hibemice; and on the other side; Pro Concilio 
secundce Colonics Virginice. 

VIII. And that also there shall be a Council established here 
in England, which shall, in like manner, consist of thirteen per- 
sons, to be, for that purpose, appointed by us, our heirs and 
successors, which shall be called our Council of Virginia; and 
shall, from time to time, have the superior managing and direction, 
only of and for all matters that shall or may concern the govern- 
ment, as well of the said several colonies, as of and for any other 
part or place, within the aforesaid precincts of four-and-thirty and 
five-and-forty degrees, above-mentioned; which Council shall, in 
like manner, have a seal for matters concerning the Council or 
colonies, with the like arms and portraiture, as aforesaid, with 
this inscription, engraven round about on the one side; Sigillum 
Regis Magnce Britannice, Francice, § Hibemice; and round about 
the other side, Pro Concilio suo Virginice. 

IX. And moreover, we do grant and agree, for us, our heirs 
and successors, that the said several Councils, of and for the 
said several colonies, shall and lawfully may, by virtue hereof, 



* In pursuance of this clause, King James prepared a constituent code of 
laws for the settlements ; and this must he taken to be incorporated in the 
Charter, if inquiry be made as to its practical operation. King James, it is 
clear, as Grahame suggests, had a more genuine purpose of colonization than 
the patentees. As a part of his code, he conferred legislative and executive 
functions within the Colonies on the provincial councils ; but with this con- 
trolling provision, that laws originating there should in substance be consonant 
to the English laws ; that they should continue in force only till modified or 
repealed by the king or the supreme council in England; and that their penal 
inflictions should not extend to death or demembration. But the power thus 
conferred, though under these restrictions, was afterwards confined within 
closer limits by clause 8 of the following Charter, which was procured at the 
express desire of the patentees. The inexpediency of the change was ultimately 
illustrated by the necessity which obliged Sir George Yeardley, in 1619, to 
re-establish this power on a more liberal basis. The changes he introduced are 
referred to on page 29. 



CHARTER NO. I. 5 

from time to time, without any interruption of us, our heirs g° ld , and si }- 
or successors, give and take order, to dig, mine, and search for colonies,^ 1 
all manner of mines of gold, silver, and copper, as well within paying to 
any part of their said several colonies, as of the said main lands Jil^ 11 ^ a f 
on the backside of the same colonies; and to have and enjoy the the gold and 
gold, silver, and copper, to be gotten, thereof, to the use and silver, and a 
behoof of the same colonies, and the plantations thereof; yielding ^ tee ^ th of 
therefore, to us, our heirs and successors, the fifth part only of all 
the same gold and silver, and the fifteenth part of all the same 
copper, so to be gotten or had, as is aforesaid, without any other 
manner of profit "or account, to be given or yielded to us, our 
heirs or successors, for or in respect of the same. 

X. And that they shall, or lawfully may, establish and cause to Power to 
be made a coin, to pass current there between the people of those c^sfor 
several colonies, for the more ease of traffic and bargaining be- those colo- 
tween and amongst them and the natives there, of such metal, nies - 
and in such manner and form, as the said several Councils there 

shall limit and appoint. 

XI. And we do likewise, for us, our heirs, and successors, by Power to 
these presents, give full power and authority to the said Sir carry out 
Thomas Gates, Sir George Somers, Richard Hackluit, Edward- 6 ubjectf to 
Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William settle the 
Parker, and George Popham, and to every of them, and to the s ^ ld col °" 
said several companies, plantations, and colonies, that they, and 

every of them, shall and may, at all and every time and times 
hereafter, have, take, and lead in the said voyage, and for and 
towards the said several plantations and colonies, and to travel 
thitherward, and to abide and inhabit there, in every the said 
colonies and plantations, such and so many of our subjects, as 
shall willingly accompany them, or any of them, in the said voy- 
ages and plantations; with sufficient shipping, and furniture of 
armour, weapons, ordnance, powder, victual, and all other 
things, necessary for the said plantations, and for their use and 
defence there : Provided always, that none of the said persons be 
such, as shall hereafter be specially restrained by us, our heirs, 
or successors. 

XII. Moreover, we do, by these presents, for us, our heirs, and Power to re- 
successors, give and grant licence unto the said Sir Thomas w ^ Sun-*" 
Gates, Sir George Somers, Richard Hackluit, Edward-Maria traders into 
Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, the . s » id <*>- 
and George Popham, and to every of the said colonies, that they, omes# 
and every of them, shall and may, from time to time, and at all 

times for ever hereafter, for their several defences, encounter, ex- 
pulse, repel, and resist, as well by sea as by land, by all ways and 
means whatsoever, all and every such person and persons, as 
without the especial licence of the said several colonies and 
plantations, shall attempt to inhabit within the said several pre- 
cincts and limits of the said several colonies and plantations, or 
any of them, or that shall enterprise or attempt, at any time here- 
after, the hurt, detriment, or annoyance, of the said several colo- 
nies or plantations. 

XIII. Giving and granting, by these presents, unto the said f^ e ]^° 
Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward- and a half 



b VIRGINIA CHARTERS. 

per cent. Maria WlngfieM, and tlieir associates of the said first colony, and 
"oocis'hu- imto the s * id Tllomas Hanham, Ralegh Gilbert, William Parker, 
ported and George Popham, and their associates of the said second 
thiU !- n ^ colony, and to every of them, from time to time, and at all times 
siibjectjand f° r ever hereafter, power and authority to take and surprise, by 
5 per cent, all ways and means whatsoever, all and every person and persons, 
imported b w ^ ^ ie * r sm P s ; vesse l s > goods, and other furniture, which shall 
strangers. De found trafficking, into any harbour or harbours, creek or 
creeks, or place, within the limits or precincts of the said several 
colonies and plantations, not being of the same colony, until such 
time, as they, being of any realms or dominions under our obe- 
dience, shall pay, or agree to pay, to the hands of the treasurer of 
that colony, within whose limits and precincts they shall so 
traffic, two and a half upon every hundred, of anything so by 
them trafficked, bought or sold; and being strangers, and not sub- 
jects under our obeysance, until they shall pay five upon every 
hundred, of such wares and merchandizes, as they shall traffic, 
buy, or sell, within the precincts of the said several colonies, wherein 
they shall so traffic, buy, or sell, as aforesaid; which sums of money, 
or benefit, as aforesaid, for and during the space of one-and-twenty 
years, next ensuing the date hereof, shall be wholly employed to 
the use, benefit, and behoof of the said several plantations, where 
such traffic shall be made; and after the said one-and-twenty 
years ended, the same shall be taken to the use of us, our heirs, 
and successors, by such officers and ministers, as by us, our heirs, 
and successors, shall be thereunto assigned or appointed. 
Liberty to XIV. And we do further by these presents, for us, our heirs 

carry goods and successors, give and grant unto the said Sir Thomas Gates, 
(SionieY^ Sir George Somers, Richard Hackluit, and Edward-Maria Wing- 
from the field, and to their associates of the said first colony and planta- 
-^? g ' s d tion, and to the said Thomas Hanham, Ralegh Gilbert, William 
nions free " Rarker, and George Popham, and their associates of the said 
from custom second colony and plantation, that they, and every of them, by 
for 7 years. t, ne i r deputies, ministers, and factors, may transport the goods, 
chattels, armour, munition, and furniture, needful to be used by 
them, for their said apparel, food, defence, or otherwise, in respect 
of the said plantations, out of our realms of England and Ireland, 
and all other our dominions, from time to time, for and during 
the time of seven years, next ensuing the date hereof, for the 
better relief of the said several colonies and plantations, without 
any custom, subsidy, or other duty, unto us, our heirs, or suc- 
cessors, to be yielded or paid for the same. 
General de- XV. Also we do, for us, our heirs, and successors, declare, by 
nization of these presents, that all and every the persons, being our subjects, 

?r„t u f?J!!!n which shall dwell and inhabit within every or any of the said 
eons as shall . / , . J , . 

be born in several colonies and plantations, and every of their children, which 
those Colo- sna n happen to be born within any the limits and precincts of the 
said several colonies and plantations, shall have and enjoy all liber- 
ties, franchises, and immunities, within any of our other dominions, 
to all intents and purposes, as if they had been abiding and born 
within this our realm of England, orany other of our said dominions.* 

* According to Grahame, this provision of clause 15 (whether suggested by 
the caution of the Prince or the apprehension of the Colonists) occurs in almost 



nies. 



CHARTER NO. I. 7 

XVI. Moreover, our gracious will and pleasure is, and we do, Persons 
by these presents, for us, our heirs, and successors, declare and set p re °ence of 
forth, that if any person or persons, which shall be of any of the said trading to 
colonies and plantations, or any other which shall traffic to the these Col°- 
said colonies and plantations, or any of them, shall, at any time sen ^ g00( i s 
or times hereafter, transport any wares, merchandizes, or commo- into foreign 
dities, out of any of our dominions, with a pretence to land, sell, c £ u |f r i e !f - t 
or otherwise dispose of the same, within any the limits and pre- their ships 
cincts of any the said colonies and plantations, and yet neverthe- and goods. 
less, being at sea, or after he hath landed the same within any of 

the said colonies and plantations, shall carry the same into any 
other foreign country, with a purpose there to sell or dispose of 
the same, without the licence of us, our heirs and successors, in 
that behalf first had and obtained ; that then, all the goods and 
chattels of such person or persons, so offending and transporting, 
together with the said ship or vessel, wherein such transportation 
was made, shall be forfeited to us, our heirs and successors. 

XVII. Provided always, and our will and pleasure is, and we Provision in 
do hereby declare to all christian kings, princes and states, that if ^in^abi^ 
any person or persons, which shall hereafter be of any of the said tants of 
several colonies and plantations, or any other, by his, their, or any these CoIo_ 
of their licence and appointment, shall, at any time or times here- "ohor injure 
after, rob or spoil, by sea or by land, or do any act of unjust and any other of 
unlawful hostility, to any the subjects of us, our heirs, or sue- tb e King's 

j.i 1 • x v i- : i subjects, or 

cessors, or any the subjects ol any king, prince, ruler, governor, or the subjects 

state, being then in league or amity with us, our heirs, or sue- of any^ 

cessors, and that upon such injury, or upon just complaint of such UjJJ^^' 

prince, ruler, governor, or state, or their subjects, We, our heirs, amity with 

or successors, shall make open proclamation within any of the England. 

ports of our realm of England, commodious for that purpose, that 

the said person or persons, having-committed any such robbery or 

sj)oil, shall, within the term to be limited by such proclamations, 

make full restitution or satisfaction of all such injuries done, so 

as the said princes, or others, so complaining, may hold themselves 

fully satisfied and contented • and, that if the said person or 

persons, having committed such robbery or spoil, shall not make, 

or cause to be made, satisfaction accordingly, within such time so to 

be limited, that then it shall be lawful to us, our heirs, and 

successors, to put the said person or persons, having committed 

such robbery or spoil, and their procurors, abettors, or comforters, 

out of our allegiance and protection ; and that it shall be lawful 

and free, for all princes and others, to pursue with hostility the 

said offenders, and every of them, and their and every of their 

procurors, aiders, abettors, and comforters in that behalf. 

all the Colonial Charters. It is, however, omitted in the most elaborate of 
them all, the Charter of Pennsylvania, which was attentively revised and 
adjusted by that eminent lawyer, the Lord Keeper Guildford. When King 
William was about to renew the Charter of Massachusetts, after the British 
Eevolution, he was advised by the ablest lawyers in England that such a pro- 
vision was nugatory; the law necessarily inferring (they declared) that the 
Colonists were Englishmen, and both entitled to the rights and obliged to the 
duties. attached to that character. — Chalmeks's Annals. 



8 VIRGINIA CHARTERS. 

Promise to XVIII. And finally, We do, for us, our heirs and successors, 

fandsthat g ran t an d agree, to and with the said Sir Thomas Gates, Sir 

shall be oc- George Somers, Richard Hackluit, and Edward-Maria Wingfield, 

tT P1 fi d t* V anc ^ others of the said first colony, that We, our heirs and suc- 

lony, to such cessors, upon petition in that behalf to be made, shall, by letters 

persons as patent under the great seal of England, give and grant, unto such 

Do£tedf RP P ersons > their heirs and assigns, as the council of that colony, or 

that purpose the most part of them, shall, for that purpose, nominate and 

by the assign, all the lands, tenements, and hereditaments, which shall 

ttaatColony ^ e ^thin the precincts limited for that colony, as is aforesaid, to 

be holden of us, our heirs, and successors, as of our manor of 

East-Greenwich, in the county of Kent, in free and common 

soccage only, and not in capite : 

The like XIX. And do in like manner, grant and agree, for us, our heirs, 

Sh^espect ano - successors, to and with the said Thomas Hanham, Ralegh 

to the lands Gilbert, William Parker, and George Popham, and all others of 

that shall be ^] ie sa j(j second colony, that We, our heirs, and successors, upon 

th^second 7 petition in that behalf to be made, shall by letters patent, under 

colony. the great seal of England, give and grant unto such persons, their 

heirs and assigns, as the council of that colony, or the most part 

of them, shall, for that purpose, nominate and assign, all the 

lands, tenements, and hereditaments, which shall be within the 

precincts limited for that colony, as is aforesaid, to be holden of 

us, our heirs, and successors, as of our manor of East-Greenwich, 

in the county of Kent, in free and common soccage only, and not 

in capite. 

XX. All which lands, tenements, and hereditaments, so to be 
passed by the said several letters patent, shall be sufficient assur- 
ance from the said patentees, so distributed and divided amongst 
the undertakers for the plantation of the said several colonies, and 
such as shall make their plantations in either of the said several 
colonies, in such manner and form, and for such estates, as shall 
be ordered and set down by the council of the said colony, or the 
most part of them, respectively, within which the same lands, 
tenements, and hereditaments shall lie or be ; although express 
mention of the true yearly value or certainty of the premises, or 
any of them, or of any other gifts or grants, by us, or any of our 
progenitors or predecessors, to the aforesaid Sir Thomas Gates, 
Knight, Sir George Somers, Knight, Richard Hackluit, Edward- 
Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Par- 
ker, and George Popham, or any of them, heretofore made, in 
these presents, is not made ; or any statute, act, ordinance or pro- 
vision, proclamation or restraint, to the contrary hereof had, 
made, ordained, or any other thing, cause, or matter whatsoever, 
in any wise notwithstanding. In witness whereof, we have caused 
these our letters to be made patents ; witness ourself at West- 
minster, the tenth day of April, in the fourth year of our reign of 
England, France, and Ireland, and of Scotland the nine-and- 
thirtieth. 

L U K I N. 

Per breve de private* Sigillo 



CHARTER NO. I. V 

The foregoing Charter, then, was a provincial Charter, by 
which, overlooking the less important clauses, the provision for 
political government was this: — Each colony was to be governed 
by a Local Council, appointed and removable according to Royal 
instructions ; while these Councils were at the same time to be 
under the superior management and control of another Council 
sitting in England. It obviously, therefore, depended on the nature 
of the instructions, their particularity and permanence, as to what 
voice the colonists should have in the management of their affairs. 
At first, as already mentioned with respect to clause 7, the King 
was prepared to treat them with liberality. 

In virtue of this Charter, then, the London Company applied them- 
selves to the formation of a settlement forthwith. In December, 1606, 
three small vessels, under the command of Captain Newport, sailed 
with a hundred and five men, who were destined to remain in the 
settlement they established. ' Several of these emigrants were 
members of distinguished families — particularly George Percy, a 
brother of the Earl of Northumberland ; and several were officers of 
reputation, of whom we may mention Bartholomew Gosnold the 
navigator, and Captain John Smith, one of the most distinguished 
ornaments of an age that was prolific of memorable men.' * The 
colony was at first thrown into confusion in consequence of the 
' ostentatious mystery ' which forbade the commission containing 
the names of the Provincial Council (and which was also issued in 
accordance with clause 7 of the Charter) to be opened until after 
the arrival of the colonists. Subsequently, the tendency to in- 
judicious appointments, where the colonists themselves have no 
control over them, was remarkably illustrated in the case of the 
President, who, after exposing the colonists to danger and distress 
by his jealous suspicions, combined with his incompetence, was 
accused of embezzling the public stores, and finally detected in an 
attempt to seize a pinnace, and escape from the colony and its 
calamities. The influence, however, of Captain Smith with the 
colonists, resulting from the force of his genius and character, added 
to the ascendency he gained over the Indians, partly through the 
romantic attachment of Pocahontas, enabled him to make up for 
the faults of his predecessor. Having been chosen President of the 
Council, he exerted his authority so vigorously and judiciously, that 
a spirit of order and industry began generally to prevail. According 
to the statement of Dr. Russell, a colonist, scarcity was banished 
through his influence with the Indians ; danger averted or gallantly 
encountered ; and the plots formed against him signally frustrated, 
without either straining or compromising his authority. According 
to Grahame, ( in a small society where no great inequality of ac- 
commodation could exist, where power derived no aid from pomp, 
circumstance, or mystery, and where he owed his office to the appoint- 
ment of his associates, and held it by the tenure of their good will, he 
preserved order and enforced morality among a crew of dissolute 



10 VIRGINIA CHARTERS. 

and disappointed men.' But his administration, he adds, was un- 
acceptable to the Company in England, for the same reasons that 
rendered it beneficial to the settlers. The patentees were engaged in 
a speculation merely, and the improving state of society in the settle- 
ment promoted habits and interests incompatible with their desires. 
On this account, according to Smith himself, they conceived it neces- 
sary to resume into their hands the authority at that time vested in 
the colonists, and to abolish all jurisdiction originating in America. 
This was the inducement for the new Charter, which was granted 
March 23, 1609, in order to obtain which the Company had fortified 
its pretensions by the acquisition of many additional associates. It 
is said with respect to this Charter, by Story, that it contains ( no 
important change in its substantial provisions as to the civil or 
political rights of the colonists.' But it is impossible to read its 
eighth, thirteenth, fourteenth, and fifteenth clauses without per- 
ceiving a change of the most important character, as against the 
colonists, was both intended and promoted. It is true, according 
to the expressions used in the celebrated case of Johnson v. 
Mcintosh, 8 Wheat. 543, that this was ( a new and more enlarged 
Charter.' But it was only so as in favour of the London Company ; 
as respects the colonists, it was an abridgment of their privileges, 
and it was granted, moreover, in disregard of the rights of those of 
them who had emigrated on the faith of the preceding one. The 
following are its provisions : — 

Charter No. II. 

I. TAMES, by the Grace of God, King of England, Scotland, 
*■* France, and Ireland, Defender of the Faith, &c. To all, 
to whom these presents shall come, greeting. Whereas, at the 
humble suit and request of sundry of our loving and well-disposed 
subjects, intending to deduce a colony, and to make habitation 
and plantation of sundry of our people, in that part of America 
commonly call'd Virginia, and other parts and territories in 
America, either appertaining unto Us, or which are not actually 
possessed of any Christian Prince or people, within certain bounds 
and regions, We have formerly, by our letters patents, bearing 
date the tenth day of April, in the fourth year of our reign of 
England, France, and Ireland, and of Scotland the nine-and-thir- 
tieth, granted to Sir Thomas Gates, Sir George Somers, and others, 
for the more speedy accomplishment of the said plantation and 
habitation, that they should divide themselves into two colonies 
(the one consisting of divers knights, gentlemen, merchants, and 
others, of our city of London, called the first colony; and the 
other consisting of divers knights, gentlemen, and others, of our 
cities of Bristol, Exeter, and town of Plymouth, and other places, 
called the second colony) ; and have yielded and granted many 
and sundry privileges and liberties to each colony, for their quiet 
settling and good government therein, as by the said letters patents 
more at large appeareth. 



CHARTER NO. II. 11 

II. Now, forasmuch as divers and sundry of our loving subjects, 
as well adventurers, as planters, of the said first colony, which 
have already engaged themselves in furthering the business of the 
said colony and plantation, and do further intend, by the assistance 
of Almighty God, to prosecute the same to a happy end, have of 
late been humble suitors unto Us, that (in respect to their great 
charges and the adventure of many of their lives, which they have 
hazarded in the said discovery and plantation of the said country) 
We would be pleased to grant them a further enlargement and 
explanation of the said grant, privileges, and liberties, and that 
such Counsellors and other officers may be appointed amongst 
them, to manage and direct their affairs, as are willing and ready 
to adventure with them, as also whose dwellings are not so far 
remote from the city of London, but that they may, at convenient 
times, be ready at hand to give their advice and assistance, upon 
all occasions requisite. 

III. We, greatly affecting the effectual prosecution and happy incorpora- 
success of the said plantation, and commending their good desires t ltmoftne 

. . •• XiOncloii or 

therein, for their further encouragement in accomplishing so fi rst colony, 

excellent a work, much pleasing to God, and profitable to our by the name 

kingdom, do, of our especial grace, and certain knowledge, and ofTie Trea ~ 

o t m i r m S 1 m to > surer and 

mere motion, for Us, our heirs, and successors, give, grant, and company of 
confirm, to our trusty and well-beloved subjects, Robert, Earl of adventurers 
Salisbury, Thomas, Earl of Suffolk, Henry, Earl of Southampton, ™^cC™ 
and others (including, according to Grahame's enumeration, twenty- London, for 
one peers, ninety-eight knights, and a great multitude of doctors, the fi rst c .°~ 
esquires, gentlemen, merchants, and citizens, and sundry of the g°,3 a " 1 
corporations of London, in addition to the former adventurers; 
in all, occupying more than six pages of Almon's edition); 
and to such, and so many, as they do, or shall hereafter, ad- 
mit to be joined with them, in form hereafter in these presents, 
expressed, whether they go in their persons, to be planters there 
in the said plantation, or whether they go not, but adventure their 
monies, goods, or chattels; that they shall be one body or com- 
monalty perpetual, and shall have perpetual succession, and one 
common seal, to serve for the said body or commonalty: and Name of the 
that they, and their successors, shall be known, called, and incor- 
porated by the name of, The Treasurer and Company of Adven- 
turers and Planters for the City of London for the first Colony in 
Virginia. 

IV. And that they, and their successors, shall be, from hence- Capacity to 
forth, for ever enabled to take, acquire, and purchase, by the name ]^ h ^ e 
aforesaid (licence for the same, from us, our heirs or successors, England ; 
first had and obtained) any manner of lands, tenements, and here- 
ditaments, goods, and chattels, within our realm of England, and 
dominion of Wales. 

V. And that they, and their successors, shall likewise be enabled, and to sue 
by the name aforesaid, to plead and be impleaded, before any of andbe sued - 
our judges or justices, in any of our courts, and in any actions or 

suits whatsoever. 

VI. And we do also, of our special grace, certain knowledge, Grant of 
and mere motion, give, grant, and confirm, unto the said treasurer *f nd ^ 
and company, and their successors, under the reservations, limita- 



12 VIRGINIA CHARTERS. 

the said tions, and declarations, hereafter expressed, all those lands, coun- 
[ind^om- tries, and territories, situate, lying, and being, in that part of 
puny. America called Virginia, from the point of land called Cape or 

Point Comfort, all along the sea coast, to the northward two hun- 
dred miles, and from the said point of Cape Comfort, all along the 
sea coast, to the southward two hundred miles, and all that space 
and circuit of land, lying from the sea coast of the precinct afore- 
said, up into the land, throughout from sea to sea, west and north- 
west; and also all the islands, lying within one hundred miles, 
along the coast of both seas of the precinct aforesaid; together 
with all the soils, grounds, havens, and ports, mines, as well royal 
mines of gold and silver, as other minerals, pearls, and precious 
stones, quarries, woods, rivers, waters, fishings, commodities, juris- 
dictions, royalties, privileges, franchises, and preheminences, within 
the said territories, and the precincts thereof, whatsoever, and 
thereto and thereabouts, both by sea and land, being, or in any 
sort belonging or appertaining, and which we, by our letters 
patents, may or can grant, in as ample manner and sort, as we, or 
any our noble progenitors, have heretofore granted to any com- 
pany, body politic or corporate, or to any adventurer, or adven- 
turers, undertaker, or undertakers, of any discoveries, plantations, 
or traffic, of, in or into any foreign parts whatsoever, and in as 
large and ample manner, as/if the same were herein particularly 
Habendum, mentioned and expressed : !/ To have and to hold, possess and en- 
joy, all and singular the said 1 lands, countries, and territories, with 
all and singular other the premises, heretofore by these presents 
granted, or mentioned to be granted, to them, the said treasurer 
and company, their successors and assigns for ever; to the sole 
and proper use of them, the said treasurer and company, their 
Tenendum, successors and assigns for them: To be holden of us, our heirs, 
and successors, as of our manor of East- Greenwich, in free and 
Redendum. common soccage, and not in capite; Yielding, and paying, there- 
fore, to us, our heirs, and successors, the fifth part only of all ore 
of gold and silver, that from time to time, and at all times here- 
after, shall be there gotten, had or obtained, for all manner of 
services. v 
Power in VII. And nevertheless, our will and pleasure is, and we do, by 

sum- and these presents, charge, command, warrant, and authorise, that the 
company to said treasurer and company, or their successors, or the major part 
convey and f them, which shall be present and assembled for that purpose, 
their com- shall, from time to time, under their common seal, distribute, 
mon seal, convey, assign, and set over, such particular portions of lands, 
particular tenements, and hereditaments, by these presents, formerly granted, 
the land unto such our loving subjects, naturally born, or denizens, or 
hereby others, as well adventurers as planters, as by the said company 
the"om- t0 ( u P on a commission of survey and distribution, executed and 
pany to par- returned for that purpose) shall be nominated, appointed, and 
ticuiar allowed; wherein our will and pleasure is, that respect be had, as 
adwnturers. we ^ °f the proportion of the adventurer, as to the special service, 
hazard, exploit, or merit of any person, so to be recompensed, 
advanced, or rewarded. 
Establish- VIII. And forasmuch, as the good and prosperous success of 

the said plantation cannot but chiefly depend, next under the 



CHARTER NO. II. 13 

blessing of God, and the support of our royal authority, upon the council to 
provident and good direction of the whole enterprise, by a careful London and 
and understanding council, and that it is not convenient, that to manage 
all the adventurers shall be so often drawn to meet and assemble, the affairs of 
as shall be requisite for them to have meetings and conference pany 
about the affairs thereof; therefore we do ordain, establish, and 
confirm, that there shall be perpetually one council here resident, 
according to the tenour of our former letters patents; which 
council shall have a seal, for the better government and adminis- 
tration of the said plantation, besides the legal seal of the company 
or corporation, as in our former letters patents is also expressed. 

IX. And farther, we establish and ordain, that Henry, Earl of This council 
Southampton, William, Earl of Pembroke, Henry, Earl of Lin- sha11 have a 
coin, Thomas, Earl of Exeter, Kobert, Lord Viscount Lisle, Lord ^^ xat . 
Theophilus Howard, James, Lord Bishop of Bath and Wells, common 
Edward, Lord Zouche, Thomas, Lord Lawarr, William, Lord seal of the 
Monteagle, Edmund, Lord Sheffield, Grey, Lord Chandois, John, pany 
Lord Stanhope, George, Lord Carew, Sir Humfrey Weld, Lord 

Mayor of London, Sir Edward Cecil, Sir William Wade, Sir 
Henry Nevil, Sir Thomas Smith, Sir Oliver Cromwell, Sir Peter 
Manwood, Sir Thomas Challoner, Sir Henry Hobert, Sir Francis 
Bacon, Sir George Coppin, Sir John Scot, Sir Henry Carey, Sir 
Robert Drury, Sir Oratio Vere, Sir Edward Conway, Sir Maurice 
Barkeley, Sir Thomas Gates, Sir Michael Sandys, Sir Robert 
Mansel, Sir John Trevor, Sir Amias Preston, Sir William Godol- 
phin, Sir Walter Cope, Sir Robert Killigrew, Sir Henry Fanshaw, 
Sir Edwin Sandys, Sir John Watts, Sir Henry Montague, Sir 
William Romney, Sir Thomas Roe, Sir Baptist Hicks, Sir Richard 
Williamson, Sir Stephen Poole, Sir Dudly Digges, Christopher 
Brooke, Esq., John Eldrid, and John Wolstenholme, shall be 
our council for the said company of adventurers and planters in 
Virginia. 

X. And the said Thomas Smith we do ordain to be treasurer of Nomination 
the said company: which treasurer shall have authority, to give of ^J? e firs ~ 
order, for the warning of the council, and summoning the com- this council 
pany to their courts and meetings. by the king. 

XL And the said council and treasurer, or any of them, shall Election of 
be from henceforth nominated, chosen, continued, displaced, thetreasur ® r 

^ ,.,,.,' ' J- ' and counsel- 

changed, altered, and supplied, as death, or other several occa- lors in all 

sions, shall require, out of the company of the said adventurers, f « tui ; e *a- 
by the voice of the greater part of the said company and adven- the majority 
turers, in their assembly for that purpose: provided always, that of the said 
every counsellor, so newly elected, shall be presented to the Lord com P an y- 
Chancellor of England, or to the Lord High Treasurer of Eng- 
land, or to the Lord Chamberlain of the household of us, our 
heirs, and successors, for the time being, to take his oath of a 
counsellor to us, our heirs, and successors, for the said company of 
adventurers and colony in Virginia. 

f XII. And we do, by these presents, of our special grace, certain Power of 
knowledge, and mere motion, for us, our heirs, and successors, appointing a 
grant unto the said treasurer and company, and their successors, surer, in 
that if it happen, at any time or times, the treasurer for the time cases of 
being to be sick, or to have any such cause of absence from the neceS6lt y- 



14 VIRGINIA CHARTERS. 

city of London, as shall be allowed by the said council, or the 

greater part of them, assembled, so as he cannot attend the affairs 

of that company, in every such case, it shall and may be lawful 

for such treasurer for the time being, to assign, constitute, and 

appoint one of the council or company, to be likewise allowed by 

the council, or the greater part of them, assembled, to be the 

deputy treasurer of the said company; which deputy shall have 

power to do and execute all things, which belong to the said 

treasurer, during such time as such treasurer shall be either sick, 

or otherwise absent upon cause allowed of by the said council, or 

the major part of them, as aforesaid, so fully and wholly, and in 

as large and ample manner and form, to all intents and purposes, 

as the said treasurer, if he were present, himself might or could 

do and execute the same. 

rhe council XIII. And further, of our special grace, certain knowledge, and 

wwe^to 6 mere niotion, for us, our heirs, and successors, we do, by these 

nake or ap- presents, give and grant full power and authority to our said 

)oint and to council, here resident, as well at this present time, as hereafter 

lispiace all from time to time, to nominate, make, constitute, ordain, and 

governors confirm, by such name or names, stile or stiles, as to them shall 

md other geem good; and likewise to revoke, discharge, change, and alter, 

government as well all and singular governors, officers, and ministers, which 

rf the said already have been made, as also which hereafter shall be by them 

jolomes. thought fit and needful to be made or used, for the government of 

the said colony and plantation. 
\nd to XIV. And also to make, ordain, and establish all manner of 

make laws -, •, j. ,. . , ,. £ -, • <* 

? or the good orders, laws, directions, instructions, forms, and ceremonies of 
government government and magistracy, fit and necessary, for and concerning 
rf the said fae government of the said colony and plantation ; and the same, 
at all times hereafter, to abrogate, revoke, or change, not only 
within the precincts of the said colony, but also upon the seas in 
going and coming, to and from the said colony, as they, in their 
good discretion, shall think to be fittest for the good of the adven- 
turers and inhabitants there. 
Qpon the XV. And we do also declare, that for divers reasons and conside- 

iovernor * ra ti° ns us thereunto especially moving, our will and pleasure is, and 
appointed we do hereby ordain, that immediately from and after such time, 
by the said ag an y sucn governor or principal officer, so to be nominated and 

council 111 . • 

Virginia, appointed, by our said council, for the government of the said 

the power of colony, as aforesaid, shall arrive in Viginia, and give notice unto 

ienfand ^ ne colony there resident of our pleasure in this behalf, the 

council government, power and authority of the president and council, 

already heretofore by our former letters patents there established, and all 

ther^and^f * aws ano - constitutions, by them formerly made, shall utterly cease 

all other and be determined, and all officers, governors and ministers, formerly 

officers of constituted or appointed, shall be discharged, any thing, in our 

shall in- former letters patents concerning the said plantation contained, 

stantiy cease in any wise to the contrary notwithstanding ; straightly charging 

and be de- an( j commanding the president and council, now resident in the said 

colony, upon their allegiance, after knowledge given unto them of 

our will and pleasure, by these presents signified and declared, that 

they forthwith be obedient to such governor or governors, as by 

our said council, here resident, shall be named and appointed, a 



CHARTER NO. If. 15 

aforesaid, and to all directions, orders and commandments, which 
they shall receive from them, as well in the present resigning and 
giving up of their authority, offices, charge and places, as in all 
other attendance, as shall be by them, from time to time, required. 

XVI. And we do further, by these presents, ordain and es- Admission 
tablish, that the said treasurer and council here resident, and their Members 
successors, or any four of them, being assembled (the treasurer into the 
being one) shall, from time to time, have full power and au- company, 
thority to admit and receive any other person into their com- 
pany, corporation, and freedom; and further, in a general assembly Disfran- 
of the adventurers, with the consent of the greater part, upon c lsemen • 
good cause, to disfranchise and put out any person or persons, out 

of the said freedom and company. 

XVII. And we do also grant and confirm, for us, our heirs and Power to 
successors, that it shall be lawful for the said treasurer and com- ^ B " a f 
pany, and their successors, by direction of the governors there, mines, 
to dig and to search for all manner of mines of gold, silver, copper, 

iron, lead, tin, and all sorts of minerals, as well within the pre- 
cinct aforesaid, as within any part of the main land, not formerly 
granted to any other; and to have and enjoy the gold, silver, 
copper, iron, lead, and tin, and all other minerals, to be gotten thereby, 
to the use and behoof of the said company of planters and adven- 
turers yielding thereof, and paying yearly, unto us, our heirs and 
successors, as aforesaid. 

XVIII. And we do further, of our special grace, certain know- Power to 
ledge, and mere motion, for us, our heirs, and successors, grant, |J"^ 0Ut .? ie 
by these presents, to and with the said treasurer and company, j ec ts or any 
and their successors, that it shall be lawful and free for them, strangers to 
and their assigns, at all and every time and times hereafter, out of g^d Colony 
our realm of England, and out of all other our dominions, to take together 
and lead into the said voyages, and for and towards the said plan- with a11 
tation, and to travel thitherwards, and to abide and inhabit there arms S for 7 
in the said colony and plantation, all such and so many of our their de- 
loving subjects, or any other strangers, that will become our loving fence ' and 

.. . .. merchan- 

subjects, and live under our obedience, as shall willingly accom- dises proper 
pany them in the said voyage and plantation ; with sufficient for trading 
shipping, armour, weapons, ordinance, munition, powder, shot, w e Q h j the 
victuals, and such merchandises or wares, as are esteemed by the there ; 
wild people in those parts, cloathing, implements, furniture, cattle, 
horses, and mares, and all other things, necessary for the said 
plantation, and for their use and defence, and trade with the 
people there; and in passing, and returning to and fro; without without 
yielding or paying subsidy, custom, imposition, or any other tax pa y m S an y 
or duty, to us, our heirs, or successors, for the space of seven other duty 
years from the date of these presents; provided, that none of the for them for 
said persons be such, as shall be hereafter, by special name, 7 years ' 
restrained by us, our heirs, and successors. 

XIX. And for their further encouragement, of our special No customs 
grace and favour, we do, by these presents, for us, our heirs and or subsidies 
successors, yield and grant, to and with the said treasurer and m VirginTa 
company, and their successors, and every of them, their factors for 21 years; 
and assigns, that they and every of them, shall be free of all the J?^^ 61 " 
subsidies and customs in Virginia, for the space of one-and- the said 



16 



VIRGINIA CHARTERS. 



company 
and succes- 
sors shall 
pay only a 
duty of 5 
per cent, 
upon all 

goods ex- 



twenty years, and from all taxes and impositions, for ever, upon 
any goods or merchandizes, at any time or times hereafter, either 
upon importation thither, or exportation from thence, into our 
realm of England, or into any other of our realms or dominions, 
by the said treasurer and company, and their successors, their 
deputies, factors, or assigns, or any of them ; except only the five 
ported from p 0U11( j s per cent, due for custom, upon all such goods and mer- 
to England; chandizes, as shall be brought or imported into our realm of 
after which England, or any other of these our dominions, according to the 
they ^may^ an ti e nt trade of merchants ; which five pounds per cent, only 
same into being paid, it shall be thenceforth lawful and free for the said 
foreign parts adventurers, the same goods and merchandizes to export, and 
carry out of our said dominions, into foreign parts, without any 
custom, tax, or other duty, to be paid to us, our heirs, or succes- 
sors, or to any other our officers or deputies ; provided, that the said 
goods and merchandizes be shipped out, within thirteen months, 
after their first landing within any part of those dominions. 

XX. And we do also grant and confirm to the said treasurer 
other"duty. and company, and their successors, as also to all and every such 
Power to governor, or other officers and ministers, as by our said council 
resist and shall be appointed to have power and authority of government 
expeii all anc [ command, in or over the said colony or plantation ; that 
into the said they, and every of them, shall and lawfully may, from time to 



within the 
space of 13 
months 
after their 
being first 
landed in 
England, 
without pay- 
ing any 



colony. 



Power to 
raise 5 per 
cent, upon 
all goods im- 



time, and at all times for ever hereafter, for their several defence 
and safety, encounter, expulse, repel, and resist, by force and 
arms, as well by sea as by land, and all ways and means what- 
soever, all and every such person and persons whatsoever, as 
(without the special licence of the said treasurer and company, 
and their successors) shall attempt to inhabit, within the said 
several precincts and limits of the said colony and plantation ; 
and also, all and every such person and persons whatsoever, as 
shall enterprize or attempt, at any time hereafter, destruction, 
invasion, hurt, detriment, or annoyance, to the said colony and 
plantation, as is likewise specified in the said former grant. 

XXI. And that it shall be lawful for the said treasurer and 

company, and their successors, and every of them, from time to 

. time, and at all times for ever hereafter, and they shall have full 

ported into power and authority, to take and surprise, by all ways and means 

or^xported whatsoever, all and every person and persons whatsoever, with 

out of it by their ships, goods, and other furniture, trafficking in any harbour, 

the king's cree k 3 or place, within the limits or precincts of the said colony 

members™ an d plantation, not being allowed by the said company to be 

the said adventurers or planters of the said colony, until such time as 

company; they, being of any realms and dominions under our obedience, 

shall pay, or agree to pay, to the hands of the treasurer or of 

some other officer, deputed by the said governor of Virginia 

(over and above such subsidy and custom, as the said company is, 

or hereafter shall be, to pay) five pounds per cent, upon all goods 

and merchandises so brought in thither, and also five per cent. 

and 10 per upon all goods by them shipped out from thence; and being 

C ^ nt "d° n Grangers, and not under our obedience, until they have paid 

imported (over and above such subsidy and custom, as the said treasurer 

thither or aim company, or their successors, is, or hereafter shall be, to pay) . 



CHARTER NO. II. 17 

ten pounds per cent, upon all such goods, likewise carried in and exported 
out, anything, in the said former letters patents, to the 1 contrary gangers 
notwithstanding ; and the same sums of money and benefit, as not under 
aforesaid, for and during the space of one-and-twenty years, shall t 5 e ( ^ i " gs 
be wholly employed to the benefit, use, and behoof of the said 
colony and plantation ; and after the said one-and-twenty years 
ended, the same shall be taken to the use of us, our heirs, and 
successors, by such officers and ministers, as by us, our heirs, or 
successors, shall be thereunto assigned and appointed, as is speci- 
fied in the said former letters patents. 

XXII. Also, we do, for us, our heirs, and successors, declare, General de- 
by these presents, that all and every the persons, being our sub- all such per . 
jects, which shall go and inhabit within the said colony and sons as shall 
plantation, and every of their children and posterity, which shall i^ ™^ 
happen to be born within any the limits thereof, shall have and 

enjoy all liberties, franchises, and immunities of free denizens and 
natural subjects, within any of our other dominions, to all intents 
and purposes, as if they had been abiding and born within this 
our realm of England, or in any other of our dominions. 

XXIII. And forasmuch, as it shall be necessary for all such Power to 
our loving subjects, as shall inhabit within the said precincts of J. e £ oy %^ 
Virginia, aforesaid, to determine to live together, in the fear and ment that 
true worship of Almighty God, christian peace, and civil quietness, s,ia11 *> e *P" 
each with other, whereby every one may, with more safety, plea- that purpose 
sure, and profit, enjoy that, whereunto they shall attain with great by thecoun- 
pain and peril: we, for us, our heirs, and successors, are likewise Cl1 aforesaid, 

■"■ . to govern 

pleased and contented, and by these presents, do give and grant the people of 
unto the said treasurer and company, and their successors, and to tlie said co- 
such governors, officers, and ministers, as shall be, by our said jn!J y t o CC s u r c h 
council, constituted and appointed, according to the natures and laws, crimi- 
limits of their offices and places respectively, that they shall and nal . as . wel1 
may, from time to time for ever hereafter, within the said precincts siLnbe' 
of Virginia, or in the way by sea thither and from thence, have established 
full and absolute power and authority, to correct, punish, pardon, by the said 
govern, and rule, all such the subjects of us, our heirs, and succes- 
sors, as shall, from time to time, adventure themselves in any 
voyage thither, or that shall, at any time hereafter, inhabit in the 
precincts and territories of the said colony, as aforesaid, according 
to such orders, ordinances, constitutions, directions, and instruc- 
tions, as by our said council, as aforesaid, shall be established; and 
in defect thereof, in case of necessity, according to the good dis- 
cretion of the said governor and officers, respectively, as well in 
eases capital and criminal as civil, both marine and other; so 
always, as the said statutes, ordinances, and proceedings, as near 
as conveniently may be, be agreeable to the laws, statutes, govern- 
ment, and policy of this our realm of England. 

XXIV. And we do further, of our special grace, certain know- 
ledge, and mere motion, grant, declare, and ordain, that such 
principal governor, as, from time to time, shall duly and lawfully 
;be authorised and appointed, in manner and form in these presents 
heretofore expressed, shall have full power and authority, to use 
and exercise martial law, in cases of rebellion or mutiny, in as 

c 



18 VIRGINIA CHARTERS. 

large and ample manner, as our lieutenants in our counties, within 

this our realm of England, have, or ought to have, by force of 

their commissions of lieutenancy. 

Persons who XXV, And furthermore, if any person or persons, adventurers 

tencc of tra- or planters of the said colony, or any other, at any time or times 

ding to this hereafter, shall transport any monies, goods, or merchandizes, out 

serd^oods °^ &n J our kingdoms, with a pretence or purpose, to land, sell, 

into foreign or otherwise dispose of the same, within the limits or bounds 

countries, f the said colony, and yet nevertheless, being at sea, or after he 

their ships 1 natn landed within any part of the said colony, shall carry the 

and goods, same into any other foreign country, with a purpose there to sell 

and dispose thereof; that then, all the goods and chattels of the 

said person or persons, so offending and transported, together with 

the ship or vessel wherein such transportation was made, shall be 

forfeited to us, our heirs and successors. 

1 2!£E£ h. XXYL And further, our will and pleasure is, that in all 

these and questions and doubts that shall arise, upon any difficulty of 

former pa- construction or interpretation of any thing, contained either 

beconstrued m this or in our said former letters patents, the same shall be 

beneficially taken and interpreted, in most ample and beneficial manner for 

to the gran- t ne sa i c ]; treasurer and company, and their successors, and every 

' member thereof, 

tion of for- XXVII. And further, we do, by these presents, ratify and con- 
mer patents firm unto the said treasurer and company, and their successors, all 
not revoked ^ ie privileges, franchises, liberties, and immunities, granted in our 

or altered by . * i ,, , -i • i -, & 

the present said iormer letters patents, and not m these our letters patents re- 
charter, voked, altered, changed or abridged. 

Extension XXVIII. And finally, our will and pleasure is, and we do fur- 

leges grant- ther, hereby, for us, our heirs and successors, grant and agree, to 
ed by this and with the said treasurer and company, and their successors, 
charter to ail ^ ia |. a jj an( ^ s i n gmlar person and persons, which shall, at anv time or 

future mem- . © r r ) ? j # 

bers of the times hereafter, adventure any sum or sums ot money, in and 
said com- towards the said plantation of the said colony in Virginia, and 
admitted 7 snan ^ e admitted, by the said council and company, as adventurers 
into it by of the said colony, in form, aforesaid, and shall be enrolled in 
tlxe council the book or records of the adventurers of the said company, shall 
the 1 manner an cl may be accounted, accepted, taken, held, and reputed, adven- 
above de- turers of the said colony, and shall and may enjoy all and singular 
scribed. grants, privileges, liberties, benefits, profits, commodities, and im- 
munities, advantages, and emoluments whatsoever, as fully, largely, 
amply, and absolutely, as if they, and every of them, had been pre- 
cisely, plainly, singularly, and distinctly named and inserted in 
these our letters patents, 
shan go frito XXIX. And lastly, because the principal effect which we can 
the said desire or expect of this action, is the conversion and reduction of 
country the- people in those parts unto the true worship of God and 
haviuo- first Christian religion, in which respect we should be loath, that any 
taken the person should be permitted to pass, that we suspected to effect the 
oath of su- superstitions of the church of Rome; we do hereby declare, that it 
is our will and pleasure, that none be permitted to pass, in any 
voyage, from time to time to be made into the said country, but 
such as first shall have taken the oath of supremacy; for which 
purpose we do, by these presents, give full power and authority 



CHARTER NO. III. 19 

to the treasurer for the time being, and any three of the council, 
to tender and exhibit the said oath, to all such persons as shall, 
at any time, be sent and employed in the said voyage. Although 
express mention of the true yearly value or certainty of the pre- 
mises, or any of them, or of any other gifts or grants, by us, or 
any of our progenitors, or predecessors, to the aforesaid treasurer 
and company heretofore made, in these presents is not made; or 
any act, statute, ordinance, provision, proclamation, or restraint, 
to the contrary hereof had, made, ordained, or provided, or any 
other thing, cause, or matter, whatsoever in any wise notwith- 
standing. In witness whereof, we have caused these our letters 
to be made patent; witness ourself at Westminster, the 23d day 
of May, in the seventh year of our reign of England, France, and 
Ireland, and of Scotland the *****. 

Per ipsnm Begem, 

LUKIN. 



The evils which followed the abrogation of the Local Council, 
and the departure of its President, Captain Smith, are ably and 
elaborately described by Grahame. I have- space only for a brief 
extract. * At the period of Smith's departure, the infant common- 
wealth was composed of five hundred persons, and amply provided 
with all necessary stores of arms, provisions, cattle, and implements 
of agriculture : but the sense to improve its opportunities was 
wanting ; and with him its good fortufie departed. For a short time 
the command was intrusted to George Percy, a man of worth, but 
devoid of the vigour that gives efficacy to virtue ; and the direction 
of affairs soon relapsed into the same mischievous channel from 
which Smith had recalled it. The Colony was delivered up to the 
wildest excesses of a seditious and distracted rabble, and presented 
a scene of riot, folly, and profligacy, strongly invoking vindictive 
retribution, and speedily overtaken by it. The magazines of food 
were quickly exhausted ; and the Indians, incensed by repeated 
injuries, and aware that the man whom they- so much respected 
had ceased to govern the colonists, not only refused them all 
assistance, but harassed them with continual attacks. Famine 
ensued, and completed their misery and degradation by transforming 
them into cannibals, and compelling them to support their lives by 
feeding on the bodies of the Indians they had killed, and of their 
own companions who perished of hunger or disease. Six months 
after the departure of Smith there remained no more than si£ttf 
persons alive at James Town, still prolonging their wretchedness by 
a vile and precarious diet, but daily expecting its final and fatal 
close.' On the arrival of Sir Thomas Gates and his coadjutors, 
from Bermuda, where they had been detained by shipwreck for 
some ten months, the colonists were importunate to abandon the 
settlement. The high character and capacity of Lord Delaware, 
who presented himself soon afterwards as Captain-General of the 
Colony, alone encouraged them to maintain their position. The 

c % 



20 VIRGINIA CHARTERS. 

reports of those who were shipwrecked at Bermuda, some of whom 
succeeded him on his retirement from office, induced the Company 
to apply to the King for another enlargement of their territory and 
jurisdiction. Their request obtained the following Charter, which 
invested them, by its 4th clause, with all the islands situated within 
three hundred leagues of the Virginian coast. ' Some innovations 
were made at the same time in the structure and forms of the 
Corporation ; the term of exemption from customs was prolonged ; 
the Compan} r was empowered to apprehend and remand persons 
deserting the settlement in violation of their engagements ; and for 
the more effectual advancement of the Colony, and indemnification 
of the large sums that had been expended on it, licence was given 
to open lotteries in any part of England.' This is Stith's statement 
of the scope of the Charter, which is corroborated by its provisions 
as here set forth. It is dated the 12th of March, 1612, and in 
Almon's edition is described as — 

Charter No. III. 

Recital of I. TAMES, by the grace of God, King of England, Scotland, 

stance b of France, and Ireland, Defender of the Faith; to all, to 

the Charter whom these presents shall come, greeting. Whereas at the humble 

of May 23, suit of divers and sundry our loving subjects, as well adventurers 

1609, as planters of the first colony in Virginia, and for the propagation 

of christian religion, and reclaiming of people barbarous to civility 

and humanity, we have, by our letters patents, bearing date at 

Westminster, the three-and-twentieth day of May, in the seventh 

year of our reign of England, France, and Ireland, and the two- 

and-fortieth of Scotland, given and granted unto them, that they 

and all such and so many of our loving subjects, as should, from 

time to time for ever after, be joined with them, as planters or 

adventurers in the said plantation, and their successors, for ever, 

should be one body politic, incorporated by the name of, The 

treasurer and company of adventurers and planters of the city of 

London for the first colony in Virginia. 

II. And whereas also, for the greater good and benefit of the 
said company, and for the better furtherance, strengthening, and 
establishing of the said plantation, we did further give, grant, and 
confirm, by our said letters patents, unto the said treasurer and 
company, and their successors, for ever, all those lands, countries, 
or territories, situate, lying, and being, in that part of America 
called Virginia, from the point of land called Cape or Point Com- 
fort, all along the sea coasts, to the northward, two hundred miles, 
and from the said point of Cape Comfort, all along the sea coast, 
to the southward, two hundred miles, and all that space and circuit 
of land, lying from the sea coast of the precinct aforesaid, up or 
into the land, throughout from sea to sea, west and northwest, and 
also all the islands, lying within one hundred miles, along the 
coast of both the seas of the precinct aforesaid, with divers other 
grants, liberties, franchises, and preheminences, privileges, profits, 
benefits, and commodities, granted, in and by our said letters patents, 
to the said treasurer and company, and their successors for ever. 






CHARTER NO. III. 21 

III. Now, forasmuch as we are given to understand, that in Petition of 
those seas, adjoining to the said coasts of Virginia, and without j£® ^he^en- 
the compass of those two hundred miles, by us so granted unto largement 
the said treasurer and company, as aforesaid, and yet not far dis- of the } r for - 
tant from the said colony in Virginia, there are, or may be, divers mer 
islands, lying desolate and uninhabited, some of which are already 

made known and discovered, by the industry, travel, and expence 
of the said company, and others also are supposed to be and re- 
main, as yet, unknown and undiscovered, all and every of which 
it may import the said colony, both in safety and policy of trade, 
to populate and plant, in regard whereof, as well for the prevent- 
ing of peril, as for the better commodity and prosperity of the 
said colony, they have been humble suitors unto us, that we 
would be pleased to grant unto them an enlargement of our said 
former letters patents, as well for a more ample extent of their 
limits and territories into the seas adjoining to, and upon the 
coast of Virginia, as also for some other matters and articles, con- 
cerning the better government of the said company and colony, in 
which point our said former letters patents do not extend so far, 
as time and experience hath found to be needful and convenient. 

IV. We therefore, tendering the good and happy success of the 
said plantation, both in regard of the general weal of human 
society, as in respect of the good of our own estate and kingdoms, 
and being willing to give furtherance to all good means, that may 
advance the benefit of the said company, and which may secure 
the safety of our loving subjects, planted in our said colony under 
the favour and protection of God Almighty, and of our royal 
power and authority, have therefore, of our especial grace, certain 
knowledge, and mere motion, given, granted, and confirmed, and 

for us, our heirs and successors, We do, by these presents, give, Grant of a 
grant, and confirm, to the said treasurer and company of adven- further tract 
turers and planters of the city of London for the first colony in ^ c J h ^ ltry . d 
Virginia, and to their heirs and successors, for ever, all and London 
singular those islands whatsoever, situate and being in any part of company, 
the ocean seas bordering upon the coast of our said first colony in 
Virginia, and being within three hundred leagues of any the parts 
heretofore granted to the said treasurer and company, in our said 
former letters patents, as aforesaid, and being within or between 
the one-and-fortieth and thirtieth degrees of northerly latitude, 
I together with all and singular soils, lands, grounds, havens, ports, 
rivers, waters, fishings, mines, and minerals, as well royal mines 
of gold and silver, as other mines and minerals, pearls, precious 
stones, quarries, and all and singular other commodities, jurisdic- 
tions, royalties, privileges, franchises, and preheminences, both 
within the said tract of land upon the main, and also within the 
said island and seas adjoining, whatsoever, and thereunto or there- 
abouts, both by sea and land, being and situate : and which, by 
our letters patents, we may, or can, grant, and in as ample man- 
ner and sort, as we or any our noble progenitors, have heretofore 
granted to any person or persons, or to any company, body politic 
or corporate, or to any adventurer or adventurers, undertaker or 
undertakers, of any discoveries, plantations or traffic, of or into 
any foreign parts, whatsoever, and in as large and ample manner 



22 



VIRGINIA CHARTERS. 



as if the same were herein particularly named, mentioned, and 
expressed : provided always, that the said islands, or any the 
premises herein mentioned, or by these presents intended or meant 
to be granted, be not actually possessed or inhabited by any other 
christian prince or estate, nor be within the bounds, limits, or 
territories of the northern colony, heretofore by us granted to be 
planted by/clivers of our loving subjects, in the north parts of 
Habendum. Virginia. *To have and to hold, possess and enjoy, all and singu- 
lar the said islands, in the said ocean seas so lying, and bordering 
upon the coast and coasts of the territories of the said first colony 
in Virginia, as aforesaid; with all and singular the said soils, 
lands, and grounds, and all and singular other the premises, here- 
tofore by these presents granted, or mentioned to be granted, 
to them, the said treasurer and company of adventurers and. 
planters of the city of London for the first colony in Virginia, and 
to their heirs, successors, and assigns, for ever, to the sole and 
proper use and behoof of them, the said treasurer and company, 
Tenendum. an d their heirs, and successors, and assigns, for ever. To be 
holden of us, our heirs, and successors, as of our manor of East- 
Reddendo. Greenwich, in free and common soccage, and not in capite. Yield- 
ing and paying therefore to us, our heirs, and successors, the fifth 
part of the ore of all gold and silver, which shall be there gotten, 
had, or obtained, for all manner of services whatsoever, v 

V. And further, our will and pleasure is, and we do, by these 
presents, grant and confirm, for the good and welfare of the said 
plantation, and that posterity may hereafter know who have 
adventured, and not been sparing of their purses in such a noble 
and generous action for the general good of their country, and at 
the request, and with the consent, of the company aforesaid, that 
our trusty and well-beloved subjects, George, Lord Archbishop of 
Canterbury, Henry, Earl of Huntingdon, Edward, Earl of Bedford, 
Richard, Earl of Clanrickard, &c, who since our said last letters 
patents are become adventurers, and have joined themselves with 
the former adventurers and planters of the said company and 
society, shall, from henceforth, be reputed, deemed, and taken to 
be, and shall be, brethren and free members of the company, and 
shall and may, respectively, and according to the proportion and 
value of their several adventures, have, hold, and enjoy all such 
interest, right, title, privileges, preheminences, liberties, franchises, 
immunities, profits, and commodities, whatsoever, in as large, and 
ample, and beneficial manner, to all intents, constructions, and 
purposes, as any other adventurers, nominated and expressed in 
any our former letters patents, or any of them, have or may have, 
by force and virtue of these presents, or any our former letters 
patents whatsoever. 
Addition of VI. And we are further pleased, and we do, by these presents, 
nent S eT 1 " g rant an( * confirm, that Philip, Earl of Montgomery, William, Lord 
sons, to the Paget, Sir John Starrington, Knt. &c, whom the said treasurer 
council of and company have, since the said last letters patents, nominated 
and set down, as worthy and discreet persons, fit to serve as 
counsellors, to be of our council for the said plantation, shall be 
reputed, deemed, and taken, as persons of our said council for the 
said first colony, in such manner and sort, to all intents and pur- 



Associations 
of divers 
eminent 
persons to 
the said 
London 
company. 



the said 
company, 



CHARTER NO. III. 23 

poses, as those who have been formerly elected and nominated as 
our counsellors for that colony, and whose names have been or are 
inserted and expressed, in our said former letters patents. 

VII. And we do hereby ordain and grant, by these presents, Courts or 
that the said treasurer and company of adventurers and planters assemblies 
aforesaid, shall and may, once every week, or oftener at their pany - s i ia u 
pleasure, hold and keep a court and assembly, for the better order be held once 
and government of the said plantation, and such things as shall Softener*' 
concern the same; and that any five persons of our council for for transac- 
the said first colony in Virginia, for the time being, of which com- tio1 } of 
pany the treasurer, or his deputy, to be always one, and the num- JjJ^lnJjjJ 
ber of fifteen others, at the least, of the generality of the said 
company, assembled together in such manner, as is and hath been 
heretofore used and accustomed, shall be said, taken, held, and 
reputed to be, and shall be a sufficient court of the said 
company, for the handling, and ordering, and dispatching of 

all such casual and particular occurrences, and accidental matters, 
of less consequence and weight, as shall, from time to time, 
happen, touching and concerning the said plantation. 

VIII. And that nevertheless, for the handling, ordering, and And for the 
disposing of matters and affairs of great weight and importance, manag f~ tl 
and such as shall or may, in any sort, concern the weal public more inl- 
and general good of the said company and plantation, as, namely, portant 
the manner of government from time to time to be used, the t hTcom- 
ordering and disposing of the lands and possessions, and the pany, four 
settling and establishing of a trade there, or such like, there S reat and 
shall be held and kept, every year, upon the last Wednesday, fssemblies 
save one, of Hillary term, Easter, Trinity, and Michaelmas of the 
terms, for ever, one great, general, and solemn assembly, which ?! ie ^ lt !? r f of 
four assemblies shall be stiled and called, The four great and held in every 
general courts of the council and company of adventurers for year. 
Virginia; in all and every of which said great and general 

courts, so assembled, our will and pleasure is, and we do, for 
us, our heirs, and successors, for ever, give and grant to the 
said treasurer and company, and their successors, for ever, by these 
presents, that they, the said treasurer and company, or the greater 
number of them, so assembled, shall and may have full power and 
authority, from time to time, and at all times hereafter, to elect and Election of 
chuse discreet persons, to be of our said council for the said first co " ns eiiors 

, . -TT-. . l . , . , . i fY- an< * other 

colony in V lrginia, and to nominate and appoint such officers, as officers of 
they shall think fit and requisite, for the government, managing, government 
ordering, and dispatching of the affairs of the said company: and 
shall likewise have full power and authority, to ordain and make Making 
such laws and ordinances, for the good and welfare of the said aws ' 
plantation, as to them, from time to time, shall be thought re- 
quisite and meet: so always, as the same be not contrary to the 
laws and statutes of this our realm of England : and shall, in like 
manner, have power and authority, to expulse, disfranchise, and Disfran- 
put out of and from their said company and society, for ever, all chteement 
and every such person and persons, as having either promised, or that ne gi ec t 
subscribed their names, to become adventurers to the said planta- to pay the 
tion of the said first colony in Virginia, or having been nominated mone y * ne y 
for adventurers, in these or any other our letters patents, or scribed. 



24 



VIRGINIA CHARTERS. 



having been otherwise admitted and nominated to be of the said 
company, have nevertheless, either not put in any adventure at 
all, for and towards the said plantation, or else have refused and 
neglected, or shall refuse and neglect to bring in his or their ad- 
venture, by word or writing promised, within six months after 
the same shall be so payable and due. 
Directions to IX. And whereas the failing and not payment of such monies, 
the courts as ] iave Deen promised in adventure for the advancement of the 
enforoethe° sa ^ plantation, hath been often by experience found to be dan- 
payment of gerous and prejudicial to the same, and much to have hindered 
the said £} ie p r0 g ress an d proceeding of the said plantation, and for that it 
seemeth unto us a thing reasonable, that such persons, as by their 
hand writing have engaged themselves for the payment of their 
adventures, and afterwards neglecting their faith and promise, 
should be compelled to make good and keep the same; therefore 
our will and pleasure is, that in any suit or suits commenced, in 
any of our courts at Westminster, or elsewhere, by the said trea- 
surer and company, or otherwise, against any such persons, that 
our judges for the time being, both in our court of Chancery, 
and at the Common Pleas, do favour and further the said suits, 
so far forth as law and equity will, in any wise, further and 
permit. 

X. And we do, for us, our heirs, and successors, further give 
and grant to the said treasurer and company, or their successors, 

whether na- for ever, that they the said treasurer and company, or the greater 
part of them, for the time being, so in a full and general court 
assembled, as aforesaid, shall and may, from time to time, and at 
all times for ever hereafter, elect, chuse, and admit into their 
company and society, any person or persons, as well strangers 
and aliens, born in any part beyond the seas wheresover, being in 
amity with us, as our natural liege-subjects, born in any our 
realms and dominions : and that all such persons so elected, 
chosen, and admitted to be of the said company, as aforesaid, 
shall thereupon be taken, reputed, and held, and shall be free mem- 
bers of the said company, and shall have, hold, and enjoy all and 
singular freedoms, liberties, franchises, privileges, immunities, 
benefits, profits, and commodities whatsoever, to the said com- 
pany in any sort belonging or appertaining, as fully, freely, and 
amply, as any other adventurers, now being, or which hereafter at 
anytime shall be of the said company, hath, have, shall, may, might, 
or ought to have and enjoy the same, to all intents and purposes 
whatsoever. 

XI. And we do further, of our special grace, certain knowledge, 
and mere motion, for us, our heirs, and successors, give and grant 

subjects or unto the said treasurer and company, and their successors, for 
settiTthe t0 eyer > ky these presents, that it shall be lawful and free for them 
said pianta- and their assigns, at all and every time and times hereafter, out of 
tion; toge- an y ur realms and dominions whatsoever, to take, lead, carry, 
necessary * anc ^ transport in and into the said voyage, and for and towards 
arms for the said plantation of our said first colony in Virginia, all such 
their de- ano » so many of our loving subjects, or any other strangers that 
merchan- wn ^ become our loving subjects, and live under our allegiance, as 
dizes proper shall willingly accompany them in the said voyages and pianta- 



Power to 
admit any 
persons, 



tural born 
subjects of 
the King, 
or aliens, 
into the 
company. 



Power to 
carry out 
the lung' 



CHARTER NO. III. Z(> 

tion; with shipping, armour, weapons, ordnance, munition, powder, for trading 
shot, victuals, and all manner of merchandises and wares, and all people there, 
manner of cloathing, implements, furniture, beasts, cattle, horses, without 
mares, and all other things necessary for the said plantation, and J^. 11 ^ * n . y 
for their use and defence, and for trade with the people there, and ( i uty f or 
in passing and returning to and from, without paying or yielding them for 
any subsidy, custom, or imposition, either inward or outward, or seven y ears * 
any other duty, to us, our heirs, or successors, for the same, for 
the space of seven years from the date of these presents. 

XII. And we do further, for us, our heirs, and successors, give rower to the 
and grant to the said treasurer and company, and their successors, ^t^com- 
for ever, by these presents, that the said treasurer of that com- pany, or his 
pany, or his deputy, for the time being, or any two other of the de P«ty, or 
said council, for the said first colony in Virginia, for the time ti«f council, 
being, or any two other at all times hereafter, and from time to to admuris- 
time, have full power and authority to minister and give the oath ter t0 an ^ 
and oaths of supremacy and allegiance, or either of them, to all j n t virgi- ° 
and every person and persons which shall, at any time or times nia the oath 
hereafter, go or pass to the said colony in Virginia. ancVand 

XIII. And further, that it shall be lawful likewise for the said supremacy, 
treasurer, or his deputy, for the time being, or any two others of p 

our said council for the said first colony in Virginia, for the time the same 
being, from time to time, and at all times hereafter, to minister persons to 
such a formal oath, as by their discretion shall be reasonably oath^of" 
devised, as well unto any person or persons employed in, for, or office to 
touching the said plantation, for their honest, faithful, and just persons em- 
discharge of their service, in all such matters as shall be com- the^aid" 
mitted unto them for the good and benefit of the said company, plantation, 
colony, and plantation ; as also, unto such other person or persons am1 oaths *° 
as the said treasurer, or his deputy, with two others of the said judicial pro- 
council, shall think meet, for the examination or clearing of the ceedings. 
truth, in any cause whatsoever concerning the said plantation, or 
any business from thence proceeding, or thereunto belonging. ■ 

XIV. And furthermore, whereas we have been certified that Re cJtal of 
divers lewd and ill-disposed persons, both sailors, soldiers, artificers, behaviour 
husbandmen, labourers, and others, having received wages, apparel, of divers 
and other entertainment from the said company, or having con- P ers0I j s at- 
tracted and agreed with the said company to go, or to serve, or to en gaged by 
be employed in the said plantation of the said first colony in the said 
Virginia, have afterwards either withdrawn, hid, or concealed com P an y- 
themselves, or have refused to go thither, after they have been so 
entertained and agreed withal ; and that divers and sundry per- 
sons also, which have been sent and employed in the said planta- 
tion of the said first colony in Virginia, at and upon the charge 

of the said company, and having there misbehaved themselves by 
mutinies, sedition, or other notorious misdemeanors, or having 
been employed or sent abroad, by the governor of Virginia, or his 
deputy, with some ship or pinnance, for our provision of the said 
colony, or for some discovery, or other business and affairs con- 
cerning the same, have from thence most treacherously either 
come back again and returned into our realm of England, by 
stealth, or without licence of our governor of our said colony in 
Virginia for the time being, or have been sent hither, as misdoers 



26 VIRGINIA CHARTERS. 

and offenders ; and that many also of those persons, after their 
return from thence, having been questioned by our said council 
here, for such their misbehaviours and offences, by their insolent 
and contemptuous carriage in the presence of our said Council, , 
have shewed little respect and reverence, either to the place, or 
authority, in which we have placed and appointed them; and 
others, for the colouring of their lewdness and misdemeanors 
committed in Virginia, have endeavoured by most vile and slan- 
derous reports, made and divulged, as well of the country of Vir- 
ginia, as also of the government and estate of the said plantation 
and colony, as much as in them lay, to bring the said voyage and 
plantation into disgrace and contempt; by means whereof, not 
only the adventurers and planters already engaged in the said 
plantation have been exceedingly abused and hindered, and a great 
number of other our loving and well-disposed subjects, otherwise 
well-affected, and inclined to join and adventure in so noble, 
christian, and worthy an action, have been discouraged from the 
same, but also the utter overthrow and ruin of the said enterprize 
hath been greatly endangered, which cannot miscarry without 
some dishonour to Us and our kingdom. 
Powergiven XV. Now, forasmuch as it appeareth unto Us, that these 
to the trea- insolences, misdemeanors, and abuses, not to be tolerated in any 

surer or his . „ ' . „ ' , } , f 

deputy, with clvn government, have, lor the most part, grown and proceeded, 
one of the in regard our said Council have not any direct power and authority, 
the^aid ^y any express words in our former letters patents, to correct and 
company, to chastise such offenders; we therefore, for the more speedy refor- 
cause such mation of so great and enormous abuses and misdemeanors, 
beTppre- ° nere t°f° re practised and committed, and for the preventing of the 
hended, and like hereafter, do, by these presents, for us, our heirs, and succes- 
proceeded SO rs, give and grant to the said treasurer and company, and 
England 11 or their successors, for ever, that it shall and may be lawful for our 
sent back to said Council for the said first colony in Virginia, or any two of 
Virginia, to them, (whereof the said treasurer or his deputy, for the time being, 
punished, as *° ^ e a l wavs one,) by warrant under their hands, to send for, or 
they shall to cause to be apprehended, all and every such person and persons, 
think pro- w h s i ia ]i b e noted, or accused, or found, at any time or times 
per * hereafter, to offend, or misbehave themselves, in any the offences 

before mentioned [and expressed; and upon the examination of 
any such offender or offenders, and just proof made by oath, taken 
before the said Council, of any such notorious misdemeanors by 
them committed, as aforesaid; and also upon any insolent, and 
contemptuous, or indecent carriage and misbehaviour, to or against 
our said Council, shewed or used by any such person or persons, so 
called, convented, and appearing before them, as aforesaid; that 
in all such cases, they, our said Council, or any two of them, for 
the time being, shall and may have full power and authority, either 
here to bind them over with good sureties for their good beha- 
viour, and further therein to proceed, to all intents and purposes, 
as it is used, in other like cases, within our realm of England; or 
else, at their discretions, to remand and send them back, the said 
offenders, or any of them, unto the said colony in Virginia, there 
to be proceeded against and punished, as the governor, deputy, or 
council there, for the time being, shall think meet; or otherwise, 



CHARTER NO. III. 27 

according to such laws and ordinances, as are and shall be in use 
there, for the well-ordering and good government of the said 
colony. 

XVI. And for the more effectual advancing of the said planta- Power to 
tion, we do further, for us, our heirs and successors, of our special H^ s ot ~ 
grace and favour, by virtue of our prerogative royal, and by the 
assent and consent of the Lords and others of our privy council, 

give and grant, unto the said treasurer and company, full power 
and authority, free leave, liberty, and licence, to set forth, erect, 
and publish, one or more lottery or lotteries, to have continuance, 
and to endure and be held, for the space of one whole year, next 
after the opening of the same; and after the end and expiration 
of the said term, the said lottery or lotteries to continue and be 
further kept, during our will and pleasure only, and not otherwise. 
And yet nevertheless, we are contented and pleased, for the good 
and welfare of the said plantation, that the said treasurer and 
company shall, for the dispatch and finishing of the said lottery 
or lotteries, have six months' warning after the said year ended, 
before our will and pleasure shall, for and on that behalf, be 
construed, deemed, and adjudged, to be in any wise altered and 
determined. 

XVII. And our further will and pleasure is, that the said lottery 
and lotteries shall and may be opened and held, within our city of 
London, or any other city or town, or elsewhere, Avithin this our 
realm of England, with such prizes, articles, conditions, and limi- 
tations, as to them, the said treasurer and company, in their 
discretions, shall seem convenient. 

XVIII. And that it shall and may be lawful, to and for the 
said treasurer and company, to elect and chuse receivers, auditors, 
surveyors, commissioners, or any other officers whatsoever, at their 
will and pleasure, for the better marshalling, disposing, guiding, 
and governing of the said lottery and lotteries; and that it shall 
likewise be lawful, to and for the said treasurer and any two of the 
said Council, to minister to all and every such person, so elected 
and chosen for officers, as aforesaid, one or more oaths, for their 
good behaviour, just and true dealing, in and about the said 
lottery or lotteries, to the intent and purpose, that none of our 
loving subjects, putting in their names, or otherwise adventuring 
in the said general lottery or lotteries, may be, in any wise, 
defrauded and deceived of their said monies, or evily and indi- 
rectly dealt withal in their said adventures. 

XIX. And we further grant, in manner and form aforesaid, 
that it shall and may be lawful, to and for the said treasurer 
and company, under the seal of our said council for the planta- 
tion, to publish, or to cause and procure to be published, by 
proclamation or otherwise (the said proclamation to be made in 
their name, by virtue of these presents) the said lottery or lot- 
teries, in all cities, towns, boroughs, and other 
places within our said realm of England; and we will and com- 
mand all mayors, justices of peace, sheriffs, bailiffs, constables, 
and other officers and loving subjects, whatsoever, that, in 
no wise, they hinder or delay the progress and proceedings of 
the said lottery or lotteries, but be therein, touching the premises, 



28 VIRGINIA CHARTERS. 

aiding and assisting, by all honest, good, and lawful means and 
endeavours. 
Doubtful XX. And further, our will and pleasure is, that in all ques- 

P as ^» es tions and doubts that shall arise, upon any difficulty of con- 
strued in fa- struction or interpretation of any thing contained in these, or 
vour of the any other our former letters patents, the same shall be taken and 
grantees, interpreted, in most ample and beneficial manner, for the said 
treasurer and company, and their successors, and every member 
thereof. 
Confirma- XXI. And lastly, we do, by these presents, ratify and confirm 

tion of the lm to the said treasurer and company, and their successors, for 
ters patents ever > an an d an manner of privileges, franchises, liberties, immu- 
in all points nities, preheminences, profits, and commodities, whatsoever, 
or°aiterTdby § Tante( l unto them in any our former letters patents, and not 
the present. m these presents revoked, altered, changed, or abridged. Although 
express mention of the true yearly value or certainty of the pre- 
mises, or any of them, or of any other gift or grant, by us or any 
of our progenitors or predecessors, to the aforesaid treasurer and 
company heretofore made, in these presents is not made; or any 
statute, act, ordinance, provision, proclamation, or restraint, to 
the contrary thereof heretofore made, ordained, or provided, or 
any other matter, cause, or thing, whatsoever, to the contrary, in 
anywise, notwithstanding. 

In witness whereof we have caused these our letters to be made 
patents. Witness Ourself, at Westminster, the twelfth day of 
March, in the ninth year of our reign of England, France, and 
Ireland, and of Scotland the five-and-fortieth. 



Notwithstanding the acquisition of the Bermuda Islands by the 
Charter just recited, they were not long retained by the Company, 
but were sold to a junta of their own associates, who were separately 
incorporated as the Somer-Islands' Company. In other respects 
the Colony went on indifferently, after the resumption of its local 
privileges. Criminals were transported there by the order of the 
King, and Captain Smith remarks that after his departure from 
the Colony^ the number of felons and vagabonds transported 
to Virginia brought such evil report on the place, 'that some 
did choose to be hanged ere they would go thither, and 
were? It is suggested by Grahame, that the fate of this Settlement 
occasioned Lord Bacon's memorable declaration, that ' it is a shameful 
and unblessed thing to take the scum of the people and wicked 
condemned men to be the people with whom we plant.' As he was 
a member of the council constituted under the second Charter, it is 
more than probable that Grahame is correct. At all events, the 
colonists were sufficiently harassed, and were continually growing 
more discontented up to the year 1619, when Sir George Yeardley 
was made Captain-General by the Company, and repaired to the 
scene of his new administration. 

It remains only for me to mention here the remarkable course 



CHARTER NO. III. 29 

which he took on his arrival. s Sir George Yeardley,' says Gra- 
hame, 'on his arrival in Virginia, plainly perceived that it was 
impossible to compose the prevalent jealousy of arbitrary power and 
impatience for liberty, or to conduct his own administration in a 
satisfactory manner, without reinstating the Colonists in full posses- 
sion of the privileges of Englishmen ; and accordingly, to their 
inexpressible joy, he promptly signified his intention of convoking 
a provincial assembly, framed with all possible analogy to the Par- 
liament of the Parent State. This first representative legislature 
that America ever beheld consisted of the Governor, the Council, 
and a number of Burgesses elected by the seven existing Boroughs, 
who, assembling at James Town, in one apartment, discussed all 
matters that concerned the general welfare, and conducted their 
deliberations with good sense, moderation, and harmony. The laws 
which they enacted were transmitted to England for the approbation 
of the treasurer and company, and are no longer extant : but it is 
asserted by competent judges that they were, in the main, wisely 
and judiciously framed, though (as might reasonably be expected) 
somewhat intricate and unsystematical. The Company some time 
after passed an ordinance by which they substantially approved and 
ratified this constitution of the Virginian legislature. They reserved, 
however, to themselves, the nomination of a Council of State, which 
should assist the Governor with advice in the executive administration, 
and should also form a part of the Legislative Assembly ; and they 
provided, on the one hand, that the enactments of the Assembly 
should not have the force of law until sanctioned by the Court of 
Proprietors in England : and conceded, on the other hand, that the 
orders of this court should have no force in Virginia till ratified by 
the Provincial Assembly. Thus early was planted in America that 
representative system which forms the soundest political frame 
wherein the spirit of liberty was ever embodied, and at once the 
safest and most efficient organ by which its energies are exercised 
and developed. So strongly imbued were the minds of Englishmen 
in this age with those generous principles which were rapidly ad- 
vancing to a fast manhood in their native country, that wherever 
they settled themselves, the institutions of freedom took root, and 
grew up along with them.' 

Notwithstanding the arbitrary dissolution of the Virginia Com- 
pany in 1624, and the resumption of its Charters, its provincial 
assembly still survived, and, though occasionally harassed by en- 
croachments of the prerogative, was the secret stay of that loyal 
attitude which Virginia maintained at the date of the English 
Revolution ; and it was also — as I infer on the broadest grounds 
of historical and especially of colonial experience — a material source 
of the prosperity of the Settlement. 



THE NEW-ENGLAND STATES. 



The New Plymouth Company, constituted under the first Virginia 
Charter, had made an ineffectual attempt to colonize what was then 
called Northern Virginia. At length, in 1620, a congregation of 
Puritans having procured from the Plymouth Company a grant of 
a tract of land, succeeded in reaching the coast of America, and 
in founding a settlement to which they gave the name of New 
Plymouth, at a place afterwards included within the province of 
Massachusetts. Having continued for some years without a patent 
for their territorial occupation, they first solicited and obtained from 
a body denominated the Grand Council of Plymouth, a new corpo- 
ration, by which James, in the year 1620, had superseded the 
original Plymouth Company, a charter by which they were autho- 
rised pro tanto to choose a governor, council, and general court, for 
the enactment and execution of laws instrumental to the public 
good. But they were never incorporated with legal formality into 
a body politic, but remained a subordinate and voluntary municipal 
association until united to their more powerful neighbour the Colony 
of Massachusetts. 

The latter Colony was projected by another body of Puritans 
in the early part of 1627, a grant obtained from the Council of 
Plymouth for that purpose in March of the same year, and a 
Charter procured on the 4th of March following. This Charter, 
Almon, with absurd inaccuracy, has referred to the year 1644, 
because in that year he finds that it was witnessed by John Winthrop, 
the Governor of Massachusetts. Its actual date is of singular 
importance when we reflect how signal an exception it displays to 
the spirit of English legislation at the time. Its meaning, with 
respect to the ecclesiastical rights of the colonists of Massachusetts, 
has been the subject of controversy, though even in this respect the 
novel abstinence from the imposition of a single ordinance respecting 
the system of their church government, or the forms and ceremonies 
of their religious worship, leaves little uncertain or unintelligible. 
With respect, however, to municipal rights, it is plain that a large 
measure was intended to be given. Thus the Charter provides that 
the Government should be administered by a governor, a deputy 
governor, and eighteen assistants, from time to time elected out of 



MASSACHUSETTS . 3 1 

the freemen of the Company, which officers should have the care o 
the general business and affairs of the lands and plantations and the 
government of the people there; and it appoints the first Governor, 
Deputy Governor, and assistants, by name. It further provides of 
whom the court for the transaction of business should consist ; that 
it should assemble as often as once a month , and also, that four great 
general assemblies of the Company should be held in every year. 
In these general assemblies freemen are to be admitted, officers 
elected, and laws and ordinances for the good of the Colony made, 
' so that such laws and ordinances be not contrary or repugnant to 
the laws and statutes of this our realm of England.' At one of these 
great and general assemblies, held in Easter term, the Governor, 
Deputy, and assistants, and other officers, are to be annually chosen 
by the Company present. Full legislative authority is also given, 
subject to the restriction of not being contrary to the laws of 
England, as also for the imposition of fines and mulcts according to 
the course of other corporations in England. 

Such, then, were some of the powers and privileges originally 
conferred on the Colony of Massachusetts Bay. 'It is observable,' 
says Story, ( that the whole structure of the Charter presupposes 
the residence of the Company in England, and the transaction of all 
its business there. The experience of the past had not sufficiently 
instructed the adventurers that settlements in America could not be 
well governed by corporations resident abroad ; or if any of them 
had arrived at such a conclusion, there were many reasons for pre- 
suming that the Crown would be jealous of granting powers of so 
large a nature, which were to be exercised at such a distance, as 
would render any control or responsibility over them wholly visionary.' 
But the Colonists disposed of the question by a very bold step. 
'It was ascertained that little success would attend the planta- 
tion so long as its affairs were under the control of a distant 
government, knowing little of its wants, and insensible to its diffi- 
culties. Many persons, indeed, possessed of fortune and. character, 
warmed with religious zeal, or suffering under religious intolerance, 
were ready to embark in the enterprise if the corporation should be 
removed, that the power of government might be exercised by the 
actual settlers.' Accordingly, as we find from Hutchinson's History, 
it was determined, in August, 1629, c By the general consent of the 
Company, that the Government and Patent should be settled in 
New England.' The Charter was- planted, as it were, with the 
colonists, by a transaction, which, as Story justly remarks, e stands 
alone in the History of English Colonization.' The power of the 
Corporation to make the transfer has been, with excellent reason, 
denied. Nevertheless, it was done with an acquiescence on the 
part of the King, which is no less striking than the resolution of the 
colonists. From that time the fate of the Colony was decided, 
and it grew with remarkable rapidity and strength. 



32 CHARTERS OF THE NEW-ENGLAND STATES. 

First Charter granted to the Colony of Massachusetts Bay. 
Dated the 4th March, 1628. 

Charles, by the grace of G-od, King of England, Scotland, France, 
and Ireland, Defender of the Faith, &c. 

To all to whom these Presents shall come, Greeting. 

TTTHEREAS our most deare and royal Father King James of 
* » blessed memory, by his Highness's letters patents beareing 
date at Westminster the third day of November, in the eighteenth 
year of his reign, hath given and granted unto the Councel esta- 
blished at Plymouth in the county of Devon, for the planting, 
ruling, ordering and governing of New England in America, and 
to their heirs successours and assignes for ever : All that part of 
America lying and being in breadth from fourty degrees of 
northerly latitude from the equinoxtiall line, to fourty-eight 
degrees of the said northerly latitude inclusively, and in length 
of and within all the breadth aforesaid throughout the maine 
lands from sea to sea, together also with all the firme lands, 
soyles, grounds, havens, ports, rivers, waters, fishing, mines, and 
mineralls, as well royall mines of gould and silver, as other 
mines and mineralls, precious stones, quarries, and all and sin- 
gular other commodities, jurisdictions, privileges, franchises and 
preheminences both within the said tract of land upon the 
maine, and also within the islands and seas adjoining. Provided 
always that the said islands or any the premisses by the said 
letters patent intended and meant to be granted were not then 
actually possessed or inhabited by any other christian prince, or 
state, nor within the bounds limits or territories of the southern 
colonies then before granted by our said deare father to be planted 
by such of his loving subjects in the southern parts. To have 
and to hold, possess and enjoy all and singular the aforesaid 
continent, lands, territories, islands, hereditaments and precincts, 
seas, waters, fishings, with all and all manner their commodities, 
royalties, liberties, preheminences, and profits that should from 
thenceforth arise from thence, with all and singular their ap- 
purtenances, and every part and parcel thereof, unto the said 
Councel, and their successors and assignes for ever, to the sole 
and proper use, benefit and behoof of them the said Councel 

Tenure anc ^ their successors and assignes for ever : To be houlden of 
our said most dear and royal Father, his heirs and successors, 
as of his mannor of East-Greenwich in the county of Kent, in 
free and common soccage, and not in capite nor by knights 

Kent. service. Yielding and paying therefore to the said late king, 

his heirs and successors the fifth part of the oare of gould and 
silver which should from time to time and at all times then after 
happen to be found, gotten, had and obtained, in, at, or within 
any of the lands, limits, territories and precincts, or in or within 
any part or parcel thereof, for or in respect of all and all manner 



MASSACHUSETTS. 33 

of duties, demands and services whatsoever to be done made or 
paid to our said dear Father the late King, his heirs and suc- 
cessors; as in and by the said letters patent (amongst sundry 
other clauses, powers, privileges and grants therein contained) 
more at large appeareth. And whereas the said Councel esta- Recital of a 
blished at Plymouth in the county of Devon, for the planting, s rant °f the 
ruling, ordering, and governing of New-England, in America, Jhe^assa^ 
have by their deed indented under their common seal, bearing chusetts 
date the nineteenth day of March last past, in the third year of Ba y» ( J^?* 
our reign, given, granted, bargained, sold, enfeoffed, aliened and premises 
confirmed to Sir Henry Eosewell, Sir John Young, knights, before 
Thomas Southcott, John Humphrey, John Endicott and Symon ^ e ^ oned) 
Whetcomb, their heirs and associates for ever, all that part of council of 
New-England in America aforesaid, which lieth and extendeth Plymouth 
between a great river there commonly called Monomack, alias Eosewell en ° 
Merrimack, and a certain other river there called Charles river, and others, 
being the bottom of a certain bay there commonly called Mas- March 19, 
sachusetts, alias Mattachusetts, alias Massatusetts bay, and also ar * 
all and singular those lands and hereditaments whatsoever lying 
and being within the space of three English miles on the south 
part of the said Charles river, or of any or every part thereof, 
and also all and singular the lands and hereditaments whatsoever, 
lying and being within the space of three English miles to the 
southward of the southermost part of the said bay called Mas- 
sachusetts, alias Mattachusetts, alias Massatusetts bay, and also 
all those lands and hereditaments which lye and be within the 
space of three English miles to the northward of the said river 
called Monomack, alias Merrimack, or to the northward of any 
and every part thereof, and all lands and hereditaments what- 
soever, lying within the limits aforesaid, north and south, in 
latitude and breadth, and in length and longitude, of and within 
all the breadth aforesaid, throughout the main lands there, from 
the Atlantick and western sea and ocean on the east part, to the 
south sea on the west part, and all lands and grounds, place and 
places, soils, wood and wood grounds, havens, ports, rivers, 
waters, fishing, and hereditaments whatsoever, lying within the 
said bounds and limits, and every part and parcel thereof, and 
also all islands lying in America aforsaid in the said seas or either 
of them on the westerne or easterne coasts or parts of the said 
tracts of lands by the said indenture mentioned to be given, 
granted, bargained, sold, enfeoffed, aliened and confirmed or any 
of them : And also all mines and mineralls, as well royall mines 
of gould and silver, as other mines and mineralls whatsoever 
in the said lands and premisses or any part thereof: And all juris- 
dictions, rights, royalties, liberties, freedoms, immunities, privi- 
ledges, franchises, preheminencies, and commodities whatsoever, 
which they the said Councel established at Plymouth in the county 
of Devon for the planting ruling ordering and governing of New- 
England in America then had or might use, exercise or enjoy, 
in and within the said lands and premisses by the said inden- 
ture mentioned to be given, granted, bargained, sould, enfeoffed 
and confirmed, or in or within any part or parcel thereof. 

D 



34 CHARTERS OF THE NEW-ENGLAND STATES. 

Habendum. To have and to hould the said part of New-England in America 
which lyeth and extends and is abutted as aforesaid, and every 
part and parcel thereof : And all the said islands, rivers, ports, 
havens, waters, fishings, mines and minerals, jurisdictions, fran- 
chises, royalties, liberties, priviledges, commodities, hereditaments 
and premisses whatsoever, with the appurtenances, unto the said 
Sir Henry Bosewell, Sir John Younge, Thomas Southcott, John 
Humfrey, John Endecott and Symon Whetcomb, their heirs and 
assignes, and their associates, to the only proper and absolute use 
and behoof of the said Sir Henry Bosewell, Sir John Younge, 
Thomas Southcott, John Humfrey, John Endecott and Symon 
Whetcomb, their heires and assignes, and associates for evermore. 
Tenure. To be houlden of us, our heirs and successors, as of our mannor of 
East-Greenwich in the county of Kent, in free and common 
Kent. soccage, and not in capite, nor by knights service, yielding and 

paying therefore unto us, our heirs and successors, the fifth part 
of the oare of gould and silver which shall from time to time and 
at all times hereafter happen to be found, gotten, had and ob- 
tained, in any of the said lands within the said limits, or in or 
within any part thereof, for and in satisfaction of all manner of 
duties, demands and services whatsoever, to be done, made or paid 
to us, our heirs or successors, as in and by the said recited in- 
denture more at lardge may appear. Now know ye, that we, at 
the humble suite and petition of the said Sir Henry Bosewell, Sir 
John Younge, Thomas Southcott, John Humfrey, John Endecott, 
and Symon Whetcomb, and of others whom they have associated 
Confirma- unto them, Have, for divers good causes and considerations us 
said fcisfre- movm o> granted and confirmed, and by these presents of our 
cited grant especial grace, certain knowledge and meere motion, do grant 
by the King. an( j confirm unto the said Sir Henry Bosewell, Sir John Younge, 
Thomas Southcott, John Humfrey, John Endecott, and Symon 
Whetcomb, and to their associates hereafter named (vide licet) Sir 
Bichard Saltonstall, Knt., Isaac Johnson, Samuel Aldersey, John 
Ven, Matthew Craddock, George Harwood, Increase Nowell, 
Bichard Perry, Bichard Bellingham, Nathanael Wright, Samuel 
Vassall, Theophilus Eaton, Thomas GofFe, Thomas Adams, John 
Browne, Samuel Browne, Thomas Hutchins, William Vassal], Wil- 
liam Pinchon, and George Foxcroft, their heirs and assignes, all 
the said part of New England in America, lyeing and extending 
betweene the bounds and limits in the said recited indenture ex- 
pressed, and all lands and grounds, place and places, soyles, wood 
and wood grounds, havens, ports, rivers, waters, mines, mineralls, 
jurisdictions, rights, royalties, liberties, freedoms, immunities, 
priviledges, franchises, preheminences, hereditaments and com- 
modities whatsoever to them the said Sir Henry Bosewell, Sir 
John Younge, Thomas Southcott, John Humfrey, John Endecott 
and Symon Whetcombe, their heirs and assignes, and to their 
associates by the said recited indenture given, granted, bargained, 
Habendum, gould, enfeoffed, aliened and confirmed, or mentioned, or intended 
thereby to be given, granted, bargained, sould, enfeoffed, aliened 
and confirmed. To have and to hould the said part of New 
England in America and other the premisses hereby mentioned 
to be granted and confirmed and every part or parcell thereof, 



MASSACHUSETTS. 35 

with the appurtenances, unto the said Sir Henry Rosewell, 
&c, their heirs and assignes for ever, to their only proper and 
absolute use and behoofe for evermore. To be houlden of us Tenure. 
our heirs and successours as of our mannor of East Greenwich 
aforesaid in free and common soccage, and not in capite nor 
by knights service, and also yielding and paying therefore Rent 
to us our heirs and successours the fifth part only of all oare 
of gould and silver, which from time to time and at all times 
hereafter shall be there gotten, had or obtained, for all services, 
exactions and demands whatsoever, according to the tenure and 
reservation in the said recited indenture expressed. And further Grant of the 
know ye, that of our more especiall grace, certain knowledge and same tract 
meere motion, we have given and granted, and by these presents the same 
do for us our heirs and successors give and grant unto the said persons by- 
Sir Henry Rosewell, &c, their heirs and assigns, all that part of j^^}" g 
New-England in America which lies and extends between a great 
river there commonly called Monomack river, alias Merrymack 
river, and a certain other river there called Charles river, being in 
the bottom of a certain bay there commonly called Massaclmsets, 
alias Mattachusets, alias Massatusets bay, and also all and singular 
those lands and hereditaments whatsoever tying within the space 
of three English miles on the south part of the said river called 
Charles river, or of any or every part thereof, and also all and 
singular the lands and hereditaments whatsoever lyeing and being 
within the space of three English miles to the southward of the 
southermost part of the said bay catted Massachusetts, alias 
Mattachusetts, alias Massatusets bay. KAnd also all those lands • 
and hereditaments whatsoever which lye and be within the space 
of three English miles to the northward of the said river called 
Monomack, alias Merrimack, or to the northward of any and every 
part thereof, and all lands and hereditaments whatsoever lyeing 
within the limits aforesaid north and south in latitude and breadth, 
and in length and longitude of and within all the breadth afore- 
said throughout the maine lands there, from the Atlantick and 
western sea and ocean on the east part, to the south sea on the 
west parte, and all lands and grounds, place and places, soyles, 
wood and wood grounds, havens, ports, rivers, waters and here- 
ditaments whatsoever lyeing within the said bounds and limits, 
and every part and parcel thereof, and also all islands in America 
aforesaid in the said seas or either of them, on the western or 
eastern coastes, or partes of the said tracts of lands hereby men- 
tioned to be given or granted or any of them, and all mines and 
mineralls as well royall mines of gould and silver as other mines 
and mineralls whatsoever in the said lands and premisses or any 
part thereof, and free liberty of fishing in or within any the rivers 
or waters within the bounds and limits aforesaid and the seas 
thereunto adjoining, and all fishes, royal fishes, whales, balan, 
sturgeon, and other fishes of what kind or nature soever, that 
shall at any time hereafter be taken in or within the said seas or 
waters or any of them, by the said Sir Henry Rosewell, &c, their 
heirs and assignes, or by any other person or persons whatsoever 
there inhabiting, by them or any of them appointed to fish therein. 

D.2 



36 



CHARTERS OF THE NEW-ENGLAND STATES. 



Tenure. 



Provisoe. Provided always that if the said lands, islands, or any other the 
premisses herein before mentioned, and by these presents intended 
and meant to be granted, were at the time of the granting of the 
said former letters patents, dated the third day of November, in 
the eighteenth yaare of our said deare fathers reigne aforesaid, 
actually possessed or inhabited by any other christian prince or 
state, or were within the bounds, limits, or territories of that 
southerne colonie then before granted by our said late father to 
be planted by divers of his loveing subjects in the south parts 
of America, that then this present grant shall not extend to any 
such parts or parcells thereof, so formerly inhabited or lying 
within the bounds of the southern plantation as aforesaid, but as 
to those parts or parcells so possessed or inhabited by such chris- 
tian prince or state, or being within the bounds aforesaid, shall 
be utterly voide, these presents or any thing therein contained to 
Habendum, the contrary notwithstanding. To have and to hould, possess and 
enjoy the said parts of New-England in America, which lye, 
extend and are abutted as aforesaid and every part and parcell 
thereof, and all the islands, rivers, ports, havens, waters, fishings, 
fishes, mines, minerals, jurisdictions, franchises, royalties, liberties, 
priviledges, commodities and premisses whatsoever, with the ap- 
purtenances, unto the said Sir Henry Kosewell, &c, their heirs 
and assignes forever, to the only proper and absolute use and 
behoofe of the said Sir Henry Rosewell, &c, their heirs and 
assignes forevermore. To be houlden of us, our heirs and succes- 
sors, as our mannor of East Greenwich in the county of Kent 
within our realme of England, in free and common soccage, and 
Kent, no f. i n ca pfte ? nor by knights service, and also yeelding and paying 

therefore to us, our heires and successors the. fifth part only of all 
oare of gould and silver which from time to time and at all times 
hereafter shall be there gotten, had or obtained, for all services, 
exactions and demands whatsoever. Provided alwayes and our 
expresse will and meaneing is, that onely one-fifth part of the 
gould and silver oare above mentioned in the whole, and no more, 
be reserved or payeable unto us, our heirs and successours, by colour 
or vertue of these presents, the double reservations or recitals af ore- 
Necessity of said, or any thing therein contained notwithstanding. V And for as 
vermnent muc ^ as ^ ie 9°°d crnd prosper ous successe of the plantation of the said 
to the sue- parts of New-England aforesaid intended by the said Sir Henry 
cess of the Rosewell, fyc, to be speedily sett upon, cannot but chief ely depend, next 
Plantation un ^ er ^ ie blessing of Almighty God and the support of our royall 
authority, upon the good government of the same, to the end that 
the affairs and businesses which from time to time shall happen and 
arise concerning the said lands and the plantation of the same, 
incorpora- rnay be the better managed and ordered. We have further hereby 
tion of the of our especiall grace, certain knowledge and meere motion, 
the^Sd ° f §'i ven > granted and confirmed, and for us, our heires and succes- 
land. sours, do give, grant and confirme unto our said trustie and well- 

beloved subjects Sir Henry Rosewell, &c, and for us, our heires, 
and successours, wee will and ordaine, That the said Sir Henry 
Rosewell, &c, and all such others as shall hereafter be admitted 
and made free of the companie and society hereafter mentioned^ 
shall from time to time and at all times forever hereafter be by 






MASSACHUSETTS. 37 

virtue of these presents one body corporate politique in fact and name 
by the name of the Governor and companie of the Massachusetts 
Bay in New England: And them by the name of the Governor Name of the 
and Companie of the Massachusetts Bay in New England, one Corporation 
body politique and corporate in deed, fact and name, wee doe for 
us our heirs and successors make, ordaine, constitute and confirme 
by these presents, and that by that name they shall have perpetuall Perpetual 
succession, and that by the same name they and their successors Successl ° n « 
shall and may be capable and inabled, as well to impleade and Capacity to 
to be impleaded, and to prosecute, demand and answer, and be f^pieaded. 6 
answered unto, in all and singular suites, causes, quarrels, and 
actions, of what kind and nature soever. v ' And also to have, take, Capacity to 
possesse, acquire and purchase, any lands, tenements, or heredita- P urc hase 
ments, or any goods or chattells the same to lease, grant, demise, Goods ; and 
alien, bargain, sell and dispose of, as other our liege people of this to grant or 
our realme of England, or any other corporation or body politique sel1 them * 
of the same may lawfully doe. / And further, that the said Go- Common 
vernor and Companie and their successors may have forever one SeaL 
common seale to be used in all causes and occasions of the said 
Companie, and the same seale may alter, change, break and new 
make from time to time at their pleasures. And our will and TheGovern- 
pleasure is, and we do hereby for us, our heirs and successors, or- ™ n * ?J 
daine and grant, that from henceforth for ever there shall be one Corporation 
Governor, one deputy Governor, and eighteen Assistants of the a Gover- 
same Companie, to be from time to time constituted, elected and nor and 
chosen out of the freemen* of the said Companie for the time being e, ^l^stants 
in such manner and forme as hereafter in these presents is ex- 
pressed. Which said officers shall apply themselves to take care Their Power 
for the best disposing and ordering of the generall business and and Du *y- 
affaires of for and concerning the said lands and premisses hereby 
mentioned to be granted, and the plantation thereof, and the go- 
vernment of the people there. And for the better execution of our 
royall pleasure and grant in this behalfe, we do by these presents, 
for us our heirs and successors, nominate, ordaine, make, and con- Nomination 
stitute our well beloved the said Matthew Craddock, to be the first ° f the first 
and present Governor of the said Companie, and the said Thomas an d Assist- 
Goffe to be deputy Governor of the said Companie, and the said ants. 
Sir Richard Saltonstall, Isaac Johnson, Samuel Aldersey, John 
Ven, John Humfrey, John Endecott, Symon Whetcombe, Increase 
Nowell, Richard Perry, Nathaniel Wright, Samuel Vassall, Theo- 
philus Eaton, Thomas Adams, Thomas Hutchins, John Browne, 

* Owing, as it is inferred, to the sacrifices made by the first promoters in the 
first General Court which was assembled in Massachusetts, the election of the 
Governor, the appointment of all the otber officers, and even the power of legis- 
lation were withdrawn from the freemen and vested in the Council of Assistants ; 
and although the freemen reclaimed and resumed their rights in the following 
year, yet the exercise of legislation was confined almost entirely to the Council 
of Assistants, till the introduction of the Representative system in the year 1034. 
From this time the Council and Freemen assembled together formed the General 
Court, till the year 1G44, when it was arranged that the Governor and Assistants 
should sit apart ; and thence commenced the separate existence of the demo- 
cratic branch of the Legislature or House of Representatives. — Grahame, vol. 
i. p. 257. 



38 CHARTERS OF THE NEW-ENGLAND STATES. . 

George Foxcroft, William Vassall, and William Pinchon to be the 
present Assistants of the said Companie to continue in the said 
several offices respectively for such time and in such manner as in 
rower to and by these presents is hereafter declared and appointed. And 
the^ald 6 further we wn % an d by these presents, for us, our heirs and suc- 
Companie. eessors, do ordaine and grant that the Governor of the said Com- 
panie for the time being, or in his absence, by occasion of sickness 
or otherwise, the deputy Governor for the time being shall have 
authority from time to time, upon all occasions, to give order for 
the assembling of the said Companie, and calling them together to 
consult and advise of the business and affaires of the said Companie. 
Monthly And that the said Governor, deputy Governor and Assistants of the 
Courts, or sa i c j Companie for the time being, shall or may once every month, 
of the Go- ' or °ftener at their pleasures, assemble and hould and keep a court or 
vernor and assembly of themselves for the better ordering and directing of their 
Assistants. a ff a i rs# Arid* that any seven or more persons of the Assistants, toge- 
ther with the Governor or deputy Governor so assembled, shall be 
said, taken, held, and reputed to be, and shall be a full and suffi- 
cient court or assembly of the said Companie, for the handling, 
ordering and dispatching of all such businesses and occurrents, as 
shall from time to time happen, touching or concerning the said 
Four gene- Companie or plantation. And that there shall or may be held 
rai Courts . an d kept by the Governor or deputy Governor of the said Companie,. 
Company- in an( * seven or more of the said Assistants for the time being, upon 
a Tear. every last Wednesday in Hillary, Easter, Trinity, and Michaelmas 
Termes respectively for ever, one great, generall and solemn assem- 
bly, which four general Assemblies shall be styled and called, the 
foure greate and generall courts of the said Company : In all or 
any of which said greate and generall courts so assembled, We 
do, for us, our heires, and successours, give and grant to the said 
Governour and Companie and theire successours, that the Gover- 
nour, or in his absence the deputy Governour, of the said Com- 
panie for the time being, and such of the Assistants and freemen 
of the said Companie, as shall be present or the greater number 
of them so assembled, whereof the Governour or deputy Governour 
Power to ana " s i x of the Assistants, at the least to be seven, shall have full 
elect Free- power and authority to choose, nominate and appoint such and 
said ComT s0 man J others as tne y shall thinke fitt, and that shall be willing 
pany ; to accept the same, to be free of the said Company and Body, and 

and to elect them into the same to admit : And to elect and constitute such 
officers of officers as they shall thinke jitt and requisite for the ordering, 
the same ; managing and dispatching of the affaires of the said Governor 
and to make and Companie and theire successours : And to make laws and or- 

laws and or- DINANCES FOR, THE GOOD AND WELFARE OP THE SAID COMPANIE, 
dinances for AND F0R G0V ERNMENT AND ORDERING OF THE SAID LANDS AND 
tne same. 

PLANTATION, AND THE PEOPLE INHABITEING AND TO INHABITE 

THE SAME, AS TO THEM FROM TIME TO TIME SHALL BE THOUGHT 

meete. So as such lawes and ordinances be not contrary or 

repugnant to the laws and statutes of this our realme of England. 

The Gover- And our will and pleasure is, and we do hereby for us, our heires 

nor and an d successours establish and ordaine, That yearely once in the 

deputy y eare f orever h erea fter, namely the last Wednesday in Easter 



MASSACHUSETTS. 39 

terme yearely, the Governour, deputy Governour and Assistants Governor, 
of the said Companie and all other officers of the said Companie ^^hall" 
shall be in the generall court, or assemblie, to be held for that day ^ e chosen 
or time, newly chosen for the yeare insueing by such greater part, every year 
of the said Companie for the time being, then and there present, at Easter * 
as is aforesaid. And if it shall happen the present Governour, Manner of 
deputy Governour and Assistants by these presents appointed, or supplying _ 
such as shall hereafter be newly chosen into their rooms, or any of the offices m 
them, or any other of the officers to be appointed for the said of the said 
Companie, to dye, or to be removed from his or their severall Company, 
offices or places before the said generall day of election (whom by a ea ,ti ls or 
we do hereby declare for any misdemeanor or defect to be re- removals, 
moveable by the Governor, deputy Governor, Assistants and Power given 
Companie, or such greater part of them in any of the publick t0 the Com " 
courts to be assembled as is aforesaid) that then and in every move their 
such case it shall and may be lawfull to and for the Governour, officers for 
deputy Governour, Assistants, and Companie aforesaid, or such ^Jf a " 
greater part of them so to be assembled as is aforesaid, in any 
of their assemblies to proceed to a new election of one or more 
others of their Companie in the room or place, rooms or places, 
of such officer or officers so dyeing or removed, according to their 
discretions. And immediately upon and after such election and 
elections made of such Governour, deputy Governour, Assistant 
or Assistants or any other officer of the said Companie in manner 
and forme aforesaid, the authority, office, and power before 
given to the former Governour, deputy Governour, or other 
officer and officers so removed, in whose stead and place new 
shall be so chosen, shall as to him and them and every of them 
cease and determine. Provided also, and our will and pleasure The officers 
is that as well such as are by these presents appointed to be the of the ^^" 
present Governour, deputy Governour and Assistants, of the said takeanoatk 
Companie, as those that shall succeed them, and all other of office, 
officers to be appointed and chosen as aforesaid, shall, before they 
undertake the execution of their said offices and places respec- 
tively, take their corporall oathes for their due and faithfull per- 
formance of their duties in their several offices and places before 
such person or persons as are by these presents hereunder appointed 
to take and receive the same, that is to say, the said Matthew 
Craddock, who is hereby nominated and appointed the present 
Governour of the said Companie, shall take the said oathes before 
one or more of the Masters of our court of chancery for the time 
being, unto which Master or Masters of the Chancery we do by 
these presents give full power and authority to take and ad- 
minister the said oath to the said Governour accordingly. 
And after the said Governour shall be so sworne, then the 
said Deputy Governour and Assistants before by these presents 
nominated and appointed, shall take the said several oathes, 
to their offices and places respectively belonging, before the 
said Matthew Craddock the present Governour so sworne as 
aforesaid. And every such person as shall at the time of the 
annuall election, or otherwise, upon death or removall, be 
appointed to be the new Governour of the said Companie, 



40 CHARTERS OF THE NEW-ENGLAND STATES. 

shall take the oathes to that place belonging before the Deputy 
Governour or two of the Assistants of the said Companie at the 
least for the time being. And the new elected Deputy-Gover- 
nour and Assistants, and all other officers to be hereafter chosen 
as aforesaid from time to time, shall take the oathes to their 
places respectively belonging, before the Governour of the said 
Companie for the time being. Unto which said Governour, De- 
puty- Governour, and Assistants, we do by these presents give full 
power and authority to give and administer the said oathes re- 
spectively, according to the true meaning herein before declared, 
without any commission or further warrant to be had and ob- 
tained of us, our heirs and successors in that behalfe. And we 
Power to do further of our especial grace, certain knowledge, and meere 
carry over to motion, for us, our heires and successours, give and grant to the 
land such" sa ^ Grovernour and Companie and their successours for ever by 
persons as these presents, that it shall be lawfull and free for them and their 
are willing assignes at all and every time and times hereafter, out of any of 
thlr? toge- our realmes and dominions whatsoever, to take, leade, carry, and 
ther with transport for, in, and into their voyages, and for and towards the 
°S tl r tM *«"« sa ^ pl an t a ti° n ^ in New England, all such and so many of our 
necessary & " loving subjects or any other strangers that will become our loving 
for their subjects and live under our allegiance, as shall willingly accompany 
subsistence, ^hem m ^e same voyages and plantation, and also shipping, 
armour, weapons, ordinance, ammunition, powder, shott, corne, 
victuals, and all manner of clothing, implements, furniture, beasts, 
cattle, horses, mares, merchandizes, and all other things necessary 
for the said plantation, and for their use and defence, and for 
trade with the people there, and in passing and returning to and 
fro, any law or statute to the contrary hereof in any wise notwith- 
Exemption standing, and without paying or yeelding any custome or subsidie, 
payment of e ^ ner inward or outward, to us, our heires or successours, for the 
customs or same, by the space of seven yeares from the day of the date of 
subsidies in these presents. Provided that none of the said persons be such 
sevenyearsi as snau ^ e hereafter by speciall name restrained by us, our heires 
An extraor- or successours. And for their further incouragement, of our espe- 
dinary in- c [ a \ grace and favour, we do by these presents for us, our heires 
dispensing an( i successours, yeeld and grant to the said Governor and Corn- 
power, panie and theire successours and every of them, their factors and 
assignes, that they and every of them shall be free and quitt from 
Exemption all taxes, subsidies, and customes in New- England for the like 
andcustoms s P ace °^ seve n years, and from all taxes and impositions for the 
inNewEng- space of twenty and one yeares upon all goods and merchandises 
land for se- a t any time or times hereafter, either upon importation thither, 
andfnnnall or exportation from thence, into our realm of England, or into 
duties upon any other of our dominions, by the said Governour and Companie 
importation an ^ theire successours, their deputies, factors and assignes, or any 
ofgoods^ex- °f them, except only the five pound per centum due for custome 
cept 5 per upon all such goods and merchandises, as after the said seven 
€ oods^m 011 y ears sna ^ *>e expired shall be brought or imported into our realme 
ported into of England, or any other of our dominions, according to the an- 
Engiand, or cient trade of merchants: which five pounds per centum onely 
other domi- being paidj it ghaU be tlience f ortll lawfull and f ree f or the said 



MASSACHUSETTS, 41 

adventurers the same goods and merchandizes to export and carry nions of the 

out of our said dominions into forreine parts, without any custome, f ™' f or a 
_ , . r l •> further term 

taxe or other duty to be paid to us, our heires or successours, or f twenty- 
to any other officers or ministers of us, our heires and succes- one years, 
sours. Provided that the said goods and merchandizes be shipped Liberty of 
out within thirteen months after their first landing within any re-export- 
part of the said dominions. And we do for us, our heires and goods ^^ 
successours, give and grant unto the said Governour and Com- foreign 
panie and their successours, that whensoever, or so often as any parts * 
custome or subsidie shall grow due or payable unto us, our heires Provisoe. 
or successours, according to the limitation and appointment 
aforesaid, by reason of any goods, wares or merchandises to be 
shipped out, or any return to be made of any goods, wares or 
merchandises, unto or from the said ports of New-England hereby 
mentioned to be granted as aforesaid, or any the lands and terri- 
tories aforesaid, that then and so often and in such case, the Six months 
farmers, customers, and officers of our custums of England and time sha11 
Ireland, and every of them for the time being, upon request made for the pay- 
to them by the said Governour and Company or their successours, ment of one 
factors, or assignes, and upon convenient security to be given in ha .*f of the 
that behalfe, shall give and allowe unto the said Governour and 
Companie and their successors, and to all and every person and 
persons free of that Companie as aforesaid, six months time for 
the payment of one halfe of all such custome and subsidie as 
shall be payable unto us, our heirs and successours, for the 
same, for which these our letters patents, or the duplicate, 
or the inrollment thereof, shall be unto our said officers a suffi- 
cient warrant and discharge. Nevertheless, our will and plea- Provision 
sure is, that any of the said goods, wares and merchandises against a 
which be or shall be at any time hereafter landed or exported exportation 
out of any of our realmes aforesaid, and shall be shipped with of goods to 
a purpose not to be carried to the parts of New-England f™^ 
aforesaid, but to some other place, that then such payment, dutie, under a pre- 
custome, imposition or forfeiture shall be paid or belong to us, ten °e of car- 
our heires and successors, for the said goods, wares and merchan- [J^^- 6111 
dise so fraudulently sought to be transported, as if this our grant England, 
had not been made or granted. And wee do further will and by warrant to 
these presents for us, our heirs and successors, firmely enjoine the officers 
and commande as well the Treasurer, Chancellor and Barons of C heque?and 
the Exchequer of us our heires and successors, as also all and Customs to 
singular the customers, farmers and collectors of the customes, al *° w t0 the 
subsidies and imposts, and other the officers and ministers of us, ^ ny tne " 
our heires and successors, whatsoever, for the time being, that exemptions 
they and every of them, upon the shewing forth unto them G f a ^ ov ® men " 
these letters patents, or the duplicate or exemplification of the 
same, without any other writt or warrant whatsoever from us, 
our heires or successors, to be obtained or sued forth, do and 
shall make full, whole, entire and due allowance and cleare dis- 
charge unto the said Governour and Companie and theire succes- 
sors, of all customes, subsidies, impositions, taxes and duties 
whatsoever that shall or may be claymed by us, our heires and 
successors, of or from the said Governor and Companie and their 



42 CHARTERS OF THE NEW-ENGLAND STATES. 

successors, for or by reason of the said goods, chattels, wares, 
merchandises and premises to be exported out of our said do- 
minions, or any of them, into any part of the said lands or pre- 
mises hereby mentioned to be given, granted and confirmed, or 
for or by reason of any of the said goods, chattels, wares or mer- 
chandises to be imported from the said lands and premises hereby 
mentioned to be given, granted and confirmed, into any of our 
said dominions or any part thereof as aforesaid, excepting only 
the said five pounds per centum hereby reserved and payable 
after the expiration of the said terme of seven years as aforesaid 
and not before. And these our letters patents, or the inrollment, 
duplicate or exemplification of the same, shall for ever hereafter 
from time to time, as well to the Treasurer, Chancellor and 
Barons of the Exchequer of us our heires and successors, as to 
all and singular the customers, Farmors and Collectors of the 
customs subsidies and imposts of us our heires and successors, 
and all searchers and other the officers and ministers whatsoever 
of us our heires and successors for the time being, be a sufficient 
Persons warrant and discharge in this behalfe. And further our will and 
that shall be pleasure is, and we doe hereby for us, our heires and successors, 
landVhere- ordaine, declare and grant to the said Governour and Companie 
by granted and theire successors, That all and every the subjects of us, our 
shall be heires or successors, which shall goe to and inhabite within the 
as natural sa id lands and premisses hereby mentioned to be granted, and 
born sub- every of theire children which shall happen to be borne there, or 
jects. on ^ ne geas - n g i n g thither or returneing from thence, shall have 

and enjoy all liberties and immunities of free and naturall sub- 
jects within any of the dominions of us, our heires or successors, 
to all intents, constructions and purposes whatsoever, as if they 
and every of them were borne within the realme of England. 
Power to And that the Governour, and deputy Governour of the said 
th^oatLTof Companie for the time being or either of them, and any two or 
allegiance more of such of the said Assistants as shall be thereunto ap- 
andsupre- pointed by the said Governour and Companie at any of their 
persons°who courts or assemblies to be held as aforesaid, shall and may at all 
shall hereaf- tymes and from tyme to tyme hereafter have full power and 
tif l^cf m au th° r ity to administer and give the oath and oathes of supre- 
hereby macie and allegiance or either of them, to all and every person 
granted. and persons which shall at any tyme or tymes hereafter goe or 
passe to the lands and premisses hereby mentioned to be granted 
Power to to inhabite in the same. And wee do of our further grace, 
and ord? S cer ^ auie knowledge and meere motion, give and grant to the said 
nances not Governour and Companie and their successors, that it shall and 
contrary to ma y fo e l aw f u ll to and for the Governour or deputy Governour 
England. an ^ sucn °f the Assistants and Freemen of the said Companie for 
the time being as shall be assembled in any of their generall 
courts aforesaid, or in any other courts to be specially summoned 
and assembled for that purpose, or the greater part of them 
(whereof the Governour or deputy Governour and sixe of the 
Assistants to be always seven) from tyme to tyme to make, ordaine 
and establish all manner of wholesome and reasonable orders, 
lawes, statutes and ordinances, directions and instructions not con- 



MASSACHUSETTS. 43 

trary to the lawes of this our realme of England, as well for the 
settling of the formes and ceremonies of government and magis- 
traciefitt and necessary for the said plantation and the inhabitants 
there, and for nameing and styling of all sorts of officers both 
superiour and infer iour which they shall find needful for that govern- 
ment and plantation, and the distinguishing and setting forth of the 
sever all duties, powers and limits of every such office and place, and 
the formes of such oathes warrantable by the lawes and statutes of 
this our realme of England as shall be respectively ministered unto 
them, for the execution of the said severall offices and places, as 
also for the disposing and ordering of the elections of such of 
the said officers as shall be annual, and of such others as shall 
be to succeed in case of death or removall, and ministring the said 
oathes to the new elected officers, and for imposition of lawfull 
fynes, mulcts, imprisonment, or other lawfull correction, according 
to the course of other Corporations in this our realme of England, N - B - 
and for the directing, ruleing, and disposeing of all other matters 
and things whereby our said people inhabiting there may be so 
religiously, peaceably, and civilly governed, as tlieire good life and 
orderly conversation may winne and invite the natives of that 
country to the knowledge and obedience of the onely true God and 
Saviour of mankind, and the christian faith, which in our royall 
intention and the adventurers free profession is the principal end 
of this plantation. Willing, commanding, and requiring, and by All such 
these presents for us, our heires, and successors, ordaineing and jaws, pub- 
appointing, that all such orders, lawes, statutes, and ordinances, writing un- 
instructions, and directions, as shall be made by the Governour or derthecom- 
Deputy -Governour of the said Company and such of the Assistants I ^° t ^ se q™ 
and Freemen as aforesaid, and published in wilting under their e pany, shall 
common seale, shall be carefully and duely observed, kept, per- be observed 
formed, and putt in execution according to the true intent and cuted^" 
meaneing of the same. And these our letters patents, or the dupli- 
cate, or exemplification thereof, shall be to all and every such 
officers, superiour and inferiour, from tyme to tyme, for the putting 
of the same orders, lawes, statutes, and ordinances, instructions, 
and directions, in due execution, against us, our heires, and suc- 
cessors, a sufficient warrant and discharge. And wee doe further, The gover- 
nor us, our heirs, and successors, give and grant to the said n ° rs a ^ 
Governour and Companie and their successors, by these presents, i m pi yed 
That all and every such chiefe commanders, captains, governours, by the com- 
and other officers and ministers, as by the said orders, lawes, ^^™ 
statutes, ordinances, instructions, or directions of the said land shall 
Governour and Companie for the tyme being, shall be from tyme govern the 
to tyme hereafter imployed either in the government of the said thereof Tc- 
inhabitants and plantation, or in the way by sea thither or from cording to 
thence, according to the natures and limits of theire offices and tne said 
places respectively, shall from tyme to tyme hereafter for ever within aws " 
the precincts and parts of New-England hereby mentioned to be 
granted and confirmed, or in the way by sea thither, or from 
thence, have full and absolute power and authority to correct, 
punish, pardon, governe, and rule such subjects of us, our heires, 
and successors, as shall from tyme to tyme adventure themselves in 



44 



CHARTERS OF THE NEW-ENGLAND STATES. 



Tower to 
the officers 



any voyage thither or from thence, or that shall at any tyme here- 
after inhabite within the precincts and parts of New-England 
aforesaid, according to the orders, lawes, ordinances, instructions, 
and directions aforesaid, not being repugnant to the lawes and 
statutes of our realme of England as aforesaid. And wee do 
of the said further, for us, our heires, and successors, give and grant to the 
company re- said Governour and Companie and their successors, by these 
pSsles^ 6 presents, That it shall and may be lawful to and for the chief 
hereby commanders, governour s, and officers of the said companie for the 
granted and tyme being, who shall be resident in the said part of New-England 
inhabitants 1 ™ America by these presents granted, and others there inhabiteing, 
of the same by their appointment and direction from tyme to tyme and at all 
to defend tymes hereafter, for their speciall defence and safety to incounter, 
by force of repulse, repell, and resist by force of armes, as well by sea as by 
arms land, and by all fitting wayes and meanes whatsoever, all such 

vaderf m " P erson an ^ persons as shall at any tyme hereafter attempt or 
enterprise the destruction, invasion, detriment, or annoyance of 
the said plantation or inhabitants : And to take and surprise by all 
wayes and meanes whatsoever all and every such person and 
persons, with their shipps, armour, munition, and other goods, as 
shall in hostile manner invade and attempt the defeatinge of the 
said plantation, or the hurt of the said Companie and inhabitants. 
Nevertheless, our will and pleasure is, and we do hereby declare 
Provision to all Christian Kings, Princes, and States, That if any person or 
oTirfuries 6 P ersons which shall hereafter be of the said Companie or plan- 
committed tation, or any other by lycense or appointment of said Governour 
by the mem- and Companie for the tyme being, shall at any tyme or tymes 
saS compa- nerea ft er r0 °k or spoyle by sea or by land, or do any hurt, 
ny against violence, or unlawfull hostility to any of the subjects of us, our 
others of the heires, or successors, or any of the subjects of any Prince or 
jectli or "he State being then in league and amity with us, our heires, and 
subjects of successors, and that upon such injury done, and upon just 
any other complaint of such Prince or State or theire subjects, Wee, 
state. our heires, or successors, shall make open proclamation within 

any of the parts within our realme of England commodious 
for that purpose, that the person or persons having com- 
mitted any such robbery or spoyle, shall, within the terme 
limited by such a proclamation, make full restitution or satis- 
faction of all such injuries done, so as the said Princes or 
others so complaining may hould themselves fully satisfied 
and contented. And that if the said person or persons having 
committed such robbery or spoyle shall not make, or cause 
to be made, satisfaction accordingly, within such tyme so to 
be lymitted, that then it shall be lawfull for us, our heires and 
successors, to putt the said person or persons out of our allegiance 
and protection : and that it shall be lawfull and free for all Princes 
to prosecute with hostility the said offenders and every of them, 
theire and every of theire procurers, ayders, abettors and corn- 
Proviso re- f° rters m tnat hehalfe. Provided also, and our expresse will and 
serving to pleasure is, and wee do by these presents for us, our heires and 
the King's successors, ordaine and appoint, that these presents shall not in 



MASSACHUSETTS. 45 

any manner enure, or be taken to abridge, barre or hinder any of other sub- 
our lovinge subjects whatsoever to use and exercise the trade of right offish _ 
fishing upon that coast of New-England in America by these pre- ing on the 
sents mentioned to be granted : But that they or any and every p^jg™ 16 
or any of them shall have full and free power and liberty to con- hereby 
tinue and use theire said trade of fishing upon the said coast in granted, 
any of the seas thereunto adjoin eing, or any armes of the seas or 
salt-water rivers where they have beene wont to fish, and to build 
and set up upon the lands by these presents granted, such 
wharfes, stages, and workhouses as shall be necessary for the salt- 
ing, drying, keeping and packing up of theire fish to be taken 
or gotten upon that coast ; and to cut downe and take such trees 
and other materialls there growing, or being, as shall be needfull 
for that purpose, and for other necessary easements, helpes and 
advantage concerning theire said trade of fishing there, in such 
manner and forme as they have beene heretofore at any tyme 
accustomed to doe, without makeing any wilfull waste or spoyle, 
any thing in these presents contained to the contrary notwith- 
standing. And wee doe further for us, our heires and successors, These let- 
ordaine and grant the said Governour and Companie and their g^nte 611 S 
successors, by these presents, that these our letters patents shall good in law, 
be firme, good, effectual, and available in all things and to all in- and sna11 be 
tents and constructions of lawe, according to our true meaning favourofthe 
herein before declared, and shall be construed, reputed, and adjudged company, 
in all cases most favourably on the behalf e and for the benefit and not ^* n - 
behoofe of the said Governour and Companie and their successors : any omis- 
Although expresse mention of the true yearly value, or certainty, sions or im- 
of the premisses, or any of them, or of any other gifts or grants, hTthem°or 
by us or any other of our progenitors or predecessors, to the any former 
foresaid Governour and Companie before this time made, in these statutes or 
presents is not made, or any statute, act, ordinance, provision, authority to 
proclamation, or restraint to the contrary thereof heretofore had, the con- 
made, published, ordained or provided, or any other matter, cause, trarjr - 
or thing whatsoever to the contrarie thereof in any wise notwith- 
standing. In witness whereof we have caused these our letters to 
be made -patent. Witness ourselves at Westminster, the fourth 
day of March, in the fourth yeare of our reigne. 

This is a true copy of such letters patents under 
the great seal of England. In testimony 
whereof I John Winthrop governour of the (Loc. 

Massachusetts aforesaid have caused the pub- Sigilli.) 

lick seal of the same to be hereunto affixed 
this 19th day of the month called March 1643. 

1644. 

JOHN WINTHROP, Gov. 



46 CHARTERS OF THE NEW-ENGLAND STATES. 

CONNECTICUT. 

In the year 1636, the incessant flow of emigration to Massachusetts 
causing the inhabitants of some of the towns to feel themselves strait- 
ened for room, suggested the formation of additional establishments. 
A project of founding a new settlement on the banks of the river Con- 
necticut was then embraced by Hooker, one of the ministers of Boston, 
and a hundred of the members of his congregation. Hooker and his 
associates at first carried with them a commission from the govern- 
ment of Massachusetts, for the administration of justice in their new 
settlement ; but, subsequently ascertaining that their territory was 
beyond the jurisdiction of the authorities from whom the commission 
was derived, they combined themselves, by a voluntary association, 
into a body politic, constructed on the model of the colonial society 
from which they had separated. They continued in this condition 
till the Restoration, when they obtained a charter for themselves from 
King Charles the Second. Another settlement which had been made 
at Newhaven was then incorporated with them, and the same 
provisions indifferently made to apply to both. The Charter itself, 
dated 1662, was almost in every respect the same with that which 
was framed for Rhode Island, at the same date, or a few weeks earlier. 
The most considerable differences were these only, that by the 
Connecticut Charter, the Governor was directed to administer the 
oaths of allegiance and supremacy to the inhabitants — a formality 
which was not required by the Charter of Rhode Island, where 
many of the people scrupled to take an oath, and on behalf of which 
its suitor, Clarke, had made ostentatious professions of loyalty ; also 
that by the last-mentioned Charter, liberty of conscience was 
expressly conceded to its fullest extent, while the other makes no 
express mention of the concerns of religion, and no other allusion to 
them, than what might seem to be implied in the requisition of the 
oath of supremacy. On the whole, it gave such satisfaction to the 
Connecticut colonists, that Winthrop, the son of the Governor of 
Massachusetts, who had come to England as deputy to obtain it, was 
received on his return with grateful approbation, and annually 
chosen Governor of the Colony as long as he lived. 

In the general attack which was made upon the Charters 
about 1686, a quo warranto was issued against Connecticut, 
amongst the rest, but the King's impatience would not allow him 
to wait for its result. In conformity with his orders, Andros, 
who had been appointed Governor of New England, marched at 
the head of a body of troops to Hartford, — the seat of the Pro- 
vincial Government, — and demanded that the Charter should be 
delivered into his hands. Thereupon, a remarkable scene ensued, 
which — >as an evidence how dearly such charters were valued— I 
shall here give in the language of Grahame. 'The Charter,' he 
says, ' was laid upon the table of the Assembly, and some of the 



CONNECTICUT. 47 

principal inhabitants of the Colony addressed Andros at considerable 
length, relating the exertions that had been made and the hardships 
that had been incurred, in order to found the institutions which he 
was come to destroy ; entreating him yet to spare them, or, at least, to 
leave the people in possession of the patent, as a testimonial of the fa- 
vour and happiness they had hitherto enjoyed. The debate was earnest 
but orderly, and protracted to a late hour in the evening. As the day 
declined, lights were introduced into the hall, which was gradually 
surrounded by a numerous concourse of the bravest and most de- 
termined men in the province, prepared to defend their representatives 
against the apprehended violence of Andros and his armed followers. 
At length, finding that their arguments were ineffectual, a measure, 
supposed to have been previously concerted by the inhabitants, was 
coolly, resolutely, and successfully conducted. The lights were 
extinguished as if by accident ; and Captain Wadsworth, laying hold 
of the Charter, disappeared with it before they could be rekindled. 
He conveyed it securely through the crowd, who opened to let him 
pass, and closed their ranks as he proceeded, and deposited it in the 
hollow of an ancient elm tree, which retained the precious deposit 
till the era of the English Revolution, and was long regarded with 
veneration by the people as the memorial and associate of a trans- 
action so interesting to their liberties.' When Andros was deposed 
in 1689, the Charter reappeared from its concealment; and the 
municipal constitution, which had not been either expressly surren- 
dered or legally dissolved, was instantly restored with universal 
satisfaction. 



The Charter granted to the Colony of Connecticut, by King 
Charles II., in the Fourteenth Year of his Reign. 

C1 HAKLES the Second, by the grace of God, &c, to all to whom 
' these presents shall come, greeting. Whereas by the several 
navigations, discoveries, and successful plantations of divers of 
our loving subjects of this our realm of England, several lands, 
islands, places, colonies, and plantations, have been ordained and 
settled in that part of the continent of America called New- 
England, and thereby the trade and commerce there hath been of 
late years much increased ; and whereas we have been informed 
by the humble petition of our trusty and well-beloved John Win- 
throp, John Mason, Samuel Willis, Henry Clarke, Matthew Allen, 
John Tappen, Nathan Gold, Richard Treate, Richard Lord, 
Henry Woolcot, John Talcott, Daniel Clerke, John Ogden, 
Thomas Wells, Obadiah Brewen, John Clerke, Anthony Hawkins, 
John Deming, and Matthew Camfield, being persons principally 
interested in our colony or plantation of Connecticut, in New- 
England, that the same colony, or the greatest part thereof, was 
purchased and obtained for great and valuable considerations, and 
some other part thereof gained by conquest, and with much diffi- 
culty, and at the only endeavours, expence, and charge of them 



48 CHARTERS OF THE NEW-ENGLAND STATES. 

and their associates, and those under • whom they claim, subdued 
and improved, and thereby become a considerable inlargement 
Jncorpora- an( j addition, of our dominions and interest there : now know ye, 
governor that in consideration thereof, and in regard the said colony is 
and compa- remote from other the English plantations in the places aforesaid, 
JJL^LJrt and to the end the affairs and business, which shall from time to 
time happen or arise concerning the same, may be duly ordered 
and managed, we have thought fit, at the humble petition of the 
persons aforesaid, and are graciously pleased to create and make 
them a body politick and corporate, with the powers and privileges 
herein after mentioned ; and accordingly our will and pleasure is, 
and our especial grace, certain knowledge, and mere motion, we 
have ordained, constituted, and declared, and by these presents, 
for us, our heirs, and successors, do ordain, constitute, and declare 
that they, the said John Winthrop, John Mason, Samuel Willis, 
Henry Clerke, Matthew Allen, John Tappen, Nathan Gould, 
Richard Treate, Richard Lord, Henry Wollcott, John Talcott, 
Daniel Clerke, John Ogden, Thomas Wells, Obadiah Brewen, 
John Clerke, Anthony Hawkins, John Deming, and Matthew 
Camfield, and all such others as now are, or hereafter shall be, 
admitted and made free of the company and society of our colony 
of Connecticut, in America, shall, from time to time, and for ever 
hereafter, be one body corporate and politick, in fact and name, by 
Name of the the name of Governor and Company of the English colony of 
corporation. £< onnec ti cu t, in New-England, in America; and thafby the same 
name they, and their successors, shall and may have perpetual 
succession, and shall and may be persons able and capable in the 
law to plead and be impleaded, to answer and to be answered 
unto, to defend and be defended, in all and singular suits, causes, 
quarrels,/ matters, actions, and things, of what kind or nature 
soever ; </ and also, to have, take, possess, acquire, and purchase 
lands, tenements, or hereditaments, or any goods or chattels, and 
the same to lease, grant, demise, alien, bargain, sell, and dispose 
of, as our other liege people of this our realm of England, or any 
other corporation or body politick within the same, may lawfully 
Common do. v And further, That the said governor and company, and 
Seal * their successors, shall and may, for ever hereafter, have a common 

seal to serve and use for all causes, matters, things, and affairs 
whatsoever, of them and their successors, and the same seal to 
alter, change, break, and make new, from time to time, at their 
Govern- wills and pleasures, as they shall think fit. And further, we will 
ment. and ordain, and by these presents, for us, our heirs and suc- 

cessors, do declare and appoint, That, for the better ordering and 
managing of the affairs and business of the said company, and 
A governor, their successors, there shall be one governor, one deputy go- 
deputy n°^ vernor, and twelve assistants, to be, from time to time, con- 
tweive'as- stituted, elected, and chosen, out of the freemen of the said 
sistants, to company, for the time being, in such manner and form as 
out°ofthe hereafter, in these presents, is expressed; which said officers 
freemen of shall apply themselves to take care for the best disposing and 
the com- ordering of the general business and affairs of and concerning the 
lands and hereditaments herein after-mentioned to be granted, 



CONNECTICUT. 49 

.and the plantation thereof, and the government of the people 
thereof. And for the better execution of our royal pleasure herein, 
we do, for us, our heirs and successors, assign, name, constitute, 
and appoint the aforesaid John Winthrop to be the first and present 
governor of the said company, and the said John Mason to be the 
deputy governor, and the said Samuel Willis, Matthew Allen, 
Nathan Gould, Henry Clerke, Richard Treate, John Odgden, 
Thomas Tappen, John Talcott, Thomas Wells, Henry Woolcott, 
Richard Lord, and Daniel Clerke, to be the twelve present assist- 
ants of the said company, to continue in the said several offices 
respectively until the second Thursday, which shall be in the 
month of October, now next coming. And further, we will, and General as- 
by these presents, for us, our heirs and successors, do ordain and sembl y* 
grant, That the governor of the said company, for the time being, 
or, in his absence, by occasion of sickness, or otherwise, by his 
leave or permission, the deputy governor, for the time being, shall 
and may, from time to time, upon all occasions, give order for the 
assembling of the said company, and calling them together, to 
consult and advise of the business and affairs of the said company; 
and that, for ever hereafter, twice in every year, that is to say, on Two assem- 
every second Thursday in October, and on every second Thursday Jjj^ 8 j^ u 
in May, or oftener, in case it shall be requisite, the assistants and every year, 
freemen of the said company, or such of them, not exceeding two in May and 
persons from each place, town, or city, who shall be, from time to ct0 er ' 
time, thereunto elected or deputed by the major part of the free- One or two 
men of the respective towns, cities, and places for which they shall members }° 
be so elected or deputed, shall have a general meeting or assembly, every town, 
then and there to consult and advise in and about the affairs and 
business of the said company; and that the governor, or in his 
absence the deputy governor, of the said company, for the time 
being, and such of the assistants and freemen of the said company 
as shall be so elected or deputed, and be present at such meeting 
or assembly, or the greatest number of them, whereof the governor, 
or deputy governor, and six of the assistants, at least, to be seven, 
shall be called the general assembly, and shall have full power and Power of 
authority to alter and change their days and times of meeting, or the general 
general assemblies, for electing the governor, deputy governor, and a&sem y ' 
.assistants, or other officers, or any other courts, assemblies, or 
meetings, and to chuse, nominate, and appoint such, and so many 
other persons as they shall think fit, and shall be willing to 
accept the same, to be free of the said company and body politick, 
and them into the same to admit, and to elect and constitute such 
officers as they shall think fit and requisite for the ordering, n0I f de p V u e t r " 
managing, and disposing of the affairs of the said governor and governor, 
company, and their successors. And we do hereby, for us, our ^ f ssist " 
heirs and successors, establish and ordain, That once in the year, other officers 
for ever hereafter, namely, the said second Thursday in May, the of the com- 
governor, deputy governor, and assistants of the said conrpany, ^"chosen 1 
and other officers of the said company, or such of them as the said every year 
general assembly shall think fit, shall be, in the said general court by the gene- 
and assembly, to be held from that day or time, newly chosen for inthemontb- 
the year ensuing, by such greater part of the said company, for of May. 

E 



50 CHARTERS OF THE NEW-ENGLAND STATES. 

Accidental the time being, then and there present. And if the governor, 
vacancies in deputy governor, and assistants, by these presents appointed, or 
offices may such as hereafter be newly chosen into their rooms, or any of 
be supplied them, or any other the officers to be appointed for the said com- 
SlasseSy P an ^' s * m ^ ^ e > or ^ e remove d from his or their several offices or 
at any other places before the said general day of election, (whom we do hereby 
meeting of declare, for any misdemeanor or default, to be immoveable by the 
governor, assistants, and company, or such greater part of them, 
Power to in any of the said public courts to be assembled, as is aforesaid) 
"™°IfJ h L that then, and in every such case, it shall and may be lawful to 

governor, or ' * . J 

any other and tor the governor, deputy governor, and assistants, and corn- 
officer of the pany aforesaid, or such greater part of them so to be assembled, as 
foranv'mis- * s foresaid hi an y °f their assemblies, to proceed to a new elec- 
demeanor. tion of one or more of their company, in the room or place, rooms 
or places, of such governor, deputy governor, assistant, or other 
officer or officers so dying, or removed, according to their discre- 
tions. And immediately upon, and after such election, or elections, 
made of such governor, deputy governor, assistant, or assistants, 
or any other officer of the said company, in manner and form 
aforesaid, the authority, office, and power before given to the 
former governor, deputy governor, or other officer and offices so 
removed, in whose stead and place new shall be chosen, shall, as 
to him and them, and every of them respectively, cease and deter- 
Oaths of of- mine. Provided also, and our will and pleasure is, That as well 
fice to be SU ch as are by these presents appointed to be the present gover- 
sovernor tbe nor > deputy governor, and assistants of the said company, as those 
and all other that shall succeed them, and all other officers to be appointed and 
officers. chosen as aforesaid, shall, before they undertake the execution 
of their said offices and places respectively, take their several 
and respective corporal oaths, for the due and faithful per- 
formance of their duties in the several offices and places, before 
such person or persons as are, by these presents, hereafter ap- 
pointed to take and receive the same; that is to say, The said 
John Winthrop, who is herein before nominated and appointed the 
present governor of the said company, shall take the said oath 
before one or more of the masters of our court of chancery, for 
the time being ; unto which master of chancery we do, by these 
presents, give full power and authority to administer the said 
oath to the said John Winthrop accordingly : and the said John 
Mason, who is herein before nominated and appointed the present 
deputy governor of the said company, shall take the said oath 
before the said John Winthrop, or any two of the assistants of the 
said company; unto whom we do, by these presents, give full power 
and authority to administer the said oath to the said John Mason 
accordingly; and the said Samuel Willis, Henry Gierke, Matthew 
Allen, John Tappen, Nathaniel Gould, Richard Treate, Richard 
Lord, Henry Woollcott, John Talcott, Daniel Clerke, John Ogden, 
and Thomas Wells, who are herein before nominated and appointed 
the present assistants of the said company, shall take the oath 
before the said John Winthrop, and John Mason, or one of them ; 
to whom we do hereby give full power and authority to administer 
the same accordingly. And our further will and pleasure is, That 



CONNECTICUT. 51 

all and every governor, or deputy governor, to be elected and 
chosen, by virtue of these presents, shall take the said oath before 
two or more of the assistants of the said company, for the time 
being; unto whom we do, by these presents, give full power and 
authority to give and administer the said oath accordingly. And 
the said assistants, and every of them, and all or every other 
officer or officers to be hereafter chosen, from time to time, to 
take the said oath before the governor, or deputy governor, for 
the time being; unto which said governor, we do, by these 
presents, give full power and authority to administer the same 
accordingly. And further, of our more ample grace, certain know- Liberty of 
ledge, and mere motion, we have given and granted, and by these carrying 
presents, for us, our heirs and successors, do give and grant unto the King's sub- 
said governor and company of the English coloDy of Connec- jects, with 
ticut, in New-England, in America, and to every inhabitant j; heir °™ n 
there, and to every person and persons trading thither, and to an( j G f car- ' 
every such person and persons as are or shall be free of the said rying goods 
colony, full power and authority, from time to time, and at all ^^J^" 
times hereafter, to take, ship, transport, and carry away, for and from Eng- 
to wards the plantation and defence of the said colony, such of our land to Con- 
loving subjects and strangers as shall, or will, willingly accompany nec 1CU * 
them, in and to their said colony and plantation, except such per- 
son or persons as are or shall be therein restrained by us, our heirs 
and successors; and also to ship and transport all, and all manner 
of goods, chattels, merchandizes, and other things whatsoever, 
that are or shall be useful or necessary for the inhabitants of the 
said colony, and may lawfully be transported thither; nevertheless 
not to be discharged of payment to us, our heirs and successors, 
of the duties, customs and subsidies, which are or ought to be 
paid or payable for the same. And further, our will and pleasure General de- 
is, and we do, for us, our heirs and successors, ordain, declare, and mza . tion of 
grant unto the said governor and company, and their successors, tantsof 
that all and every the subjects of us, our heirs or successors, which Connecticut 
shall go to inhabit within the said colony, and every of their chil- 
dren which shall happen to be born there, or on the sea, in going 
thither, or returning from thence, shall have and enjoy all liberties 
and immunities of free and natural subjects within any of the 
dominions of us, our heirs or successors, to all intents, construc- 
tions and purposes whatsoever, as if they, and every of them, were 
born within the realm of England. And we do authorize and im- Oaths of al- 
power the governor or in his absence the deputy governor for the sup^acy* 
time being, to appoint two or more of the said assistants, at any 
of their courts or assemblies to be held as aforesaid, to have power 
and authority to administer the oath of supremacy and obedience 
to all and every person and persons, which shall at any time or 
times hereafter go or pass into the said colony of Connecticut; 
unto which said assistants so to be appointed as aforesaid, we do 
by these presents give full power and authority to administer the 
said oath accordingly. And we further, of our especial grace, Power to 
certain knowledge, and mere motion, give and grant unto the said e f e °* t °° U f ts 
governor and company of the English colony of Connecticut in determining 
JSTew-England in America, and their successors, that it shall and civil suits - 

E 2 



52 CHARTERS OE THE NEW-ENGLAND STATES. 

may be lawful to and for the governor, or deputy governor, and 
such of the assistants of the said company for the time being, as shall 
be assembled in any of the general courts aforesaid, or in any courts 
to be especially summoned or assembled for that purpose, or the 
greater part of them, whereof the governor, or deputy governor, and 
six of the assistants, to be always seven, to erect and make such 
judicatories for the hearing and determining of all actions, causes, 
matters and things happening within the said colony or plantation, 
and which shall be in dispute and depending there, as they shall 
And to think fit and convenient; and also, from time to time, to onake, 

make laws, or dain an d establish all manner of wholesome and reasonable 
and ordi- . J . 

nances not laws, statutes, ordinances, directions, and instructions, not con- 
contrary to trary to the laws of this realm of England ; as well for settling 
England ° ^ ie ^ orms an( ^ ceremonies of government and magistracy, fit and 
necessary for the said plantation, and the inhabitants there, as for 
naming and styling all sorts of officers, both superior and inferior, 
which they shall find needful for the government and plantation 
of the said colony, and the distinguishing and setting forth of the 
several duties, powers and limits of every such office and place, 
and the forms of such oaths, not being contrary to the laws and 
statutes of this our realm of England, to be administered for the 
execution of the said several offices and places; as also for the 
disposing and ordering of the election of such of the said officers 
as are to be annually chosen, and of such others as shall succeed, 
in case of death or removal, and administering the said oath to the 
new-elected officers, and granting necessary commissions, and for 
imposition of lawful fines, mulcts, imprisonments, or other punish- 
Reference ments, upon offenders and delinquents, according to the course of 
to other cor- qj^qj. corporations within this our kingdom of England; and the 
within the same laws, fines, mulcts and executions, to alter, change, revoke, 
kingdom of annull, release or pardon, under their common seal, as by the said 
.ngiand. g enera i assembly, or the major part of them, shall be thought fit; 
and /or the directing, ruling, and disposing of all other matters 
and things, whereby our said people, inhabitants there, may be so 
religiously, peaceably and civilly governed, as their good life, and 
orderly conversation, may win and invite the natives of the coun- 
try to the knowledge and obedience of the only true God and 
Saviour of mankind, and the Christian Faith; which in our royal 
intentions, and the adventurers free profession is the only and 
The said principal end of this plantation; willing, commanding and 
riubiished in requiring, and by these presents, for us, our heirs and successors, 
writing ordaining and appointing, that all such laws, statutes and ordi- 
under their na nces, instructions, impositions and directions, as shall be so 
sea i made by the governor, deputy governor and assistants, as afore- 

said, and published in writing under their common seal, shall 
carefully and duly be observed, kept, performed, and put in 
execution, according to the true intent, and meaning of the 
same; and these our letters patents, or the duplicate or exempli- 
fication thereof, shall be, to all and every such officers, superiors 
and inferiors, from time fco time, for the putting of the same 
orders, laws, statutes, ordinances, instructions and directions, in 
due execution, against us, our heirs and successors a sufficient 



CONNECTICUT. 53 

warrant and discharge. And we do further, for us, our heirs and The gov. of 
successors, give and grant unto the said governor and company, Si ^ c< ^ u 
and their successors, by these presents, that it shall and may be have power 
lawful to and for the chief commanders, governors and officers of to assemble 
the said company for the time being, who shall be resident in the jj™[ ^m the 
parts of New-England hereafter mentioned, and others inhabiting inhabitants 
there, by their leave, admittance, appointment or direction, from of the coio- 
time to time, and all times hereafter, for their special defence and dJcUhemto 
safety, to assemble, marshal, array, and put in warlike posture, war against 
the inhabitants of the said colony, and to commissionate, impower Jj? 7 t e ? e 5Jj e8 
and authorize such person or persons as they shall think fit, to lead vade t hem . 
and conduct the said inhabitants, and to encounter, expulse, repel, 
and resist by force of arms, as well by sea as by land, and also to 
kill, slay and destroy, by all fitting ways, enterprizes and means 
whatsoever, all and every such person or persons as shall, at any 
time hereafter attempt or enterprize the destruction, invasion, 
detriment, or annoyance of the said inhabitants and plantation, 
and to use and exercise the law martial in such cases only as occa- 
sion shall require, and to take or surprize, by all ways and means 
whatsoever, all and every such person or persons, with their ships, 
armour, ammunition, and other goods, of such as shall, in such 
hostile manner, invade or attempt the defeating of the said plan- 
tation, or the hurt of the said company and inhabitants, and, 
upon just causes, to invade and destroy the natives or other ene- and likewise 
mies of the said colony. Nevertheless our will and pleasure is, "^gt? 
and we do hereby declare unto all christian kings, princes, and invade and 
states, that if any persons, which shall hereafter be of the said destroy 
company, or plantation, or any other, by appointment of the mies 
said governor and company, for the time being, shall at any 
time or times hereafter rob or spoil, by sea or by land, and Proviso, *« 
do any hurt, violence, or unlawful hostility, to any of the gjjj^ r ^ or 
subjects of us, our heirs or successors, or any of the subjects injure any 
of any prince or state, being then in league with us, our heirs or P rince . or 

stcitc in 

successors, upon complaint of such injury done to any such prince amity with 
or state, or their subjects, we, our heirs and successors, will make England, 
open proclamation within any parts of our realm of England, fit 
for that purpose, that the person or persons committing any such 
robbery or spoil shall, within the time limited by such proclama- 
tion, make full restitution or satisfaction of all such injuries done 
or committed ; so as the said prince or others so complaining may 
be fully satisfied and contented : And if the said person or persons, 
who shall commit any such robbery or spoil, shall not make satis- 
faction accordingly, within such time so to be limited, that then 
it shall and may be lawful for us, our heirs and successors, to put 
such person or persons out of our allegiance and protection; and 
that it shall and may be lawful and free for all princes and others 
to prosecute with hostilities such offenders, and every of them, 
their and every of their procurers, aiders, abettors, and counsellors 
in that behalf. '/Provided also, and our express will and pleasure is, Reservation 
and we do, by these presents, for us, our heirs and successors, ordain *°. the 
and appoint, that these presents shall not, in any manner, hinder j e ^tf S r esid" 
any of our loving subjects whatsoever to use and exercise the ing in other 



54 CHARTERS OF THE NEW-ENGLAND STATES. 

parts of his trade of fishing, upon the coast of New-England in America ; but 
of aUberty tlie ^ an( * evei T or an y °f them, shall have full and free power and 
of fishing liberty to continue and use the said trade of fishing upon the said 
and drying coast, in any of the seas thereunto adjoining, or any arms of the 
within the seas > or salt-water rivers, where they have been accustomed to fish; 
said colony, and to build and set upon the waste lands belonging to the said 
colony of Connecticut, such wharfs, stages, and work- houses, as 
shall be necessary for the salting, drying, and keeping of their 
fish, to be taken or gotten upon that coast; any thing in these 
Grant of the presents contained to the contrary notwithstanding, v And know 
colony to 6 ^ e further* that we, of our more abundant grace, certain know- 
the said gov. ledge, and mere motion, have given, granted and confirmed, and 
and com- \yj these presents, for us, our heirs and successors, do give, grant 
and confirm, unto the said governor and company, and their suc- 
cessors,/'all that part of our dominions in New-England in America, 
bounded on the East by the Narrogancett River, commonly called 
Narrogancett Bay, where the said river falleth into the sea, and 
on the North by the line of the Massachusetts plantation, and on 
the South by the sea, and in longitude, as the line of the Massa- 
chusets colony running from East to West, (that is to say) from 
the said Narrogancett Bay, on the East, to the South Sea, on the 
West part, with the islands thereunto adjoining, together with all 
the firm lands, soils, grounds, havens, ports, rivers, waters, fish- 
ings, mines, minerals, precious stones, quarries, and all and singular 
commodities, jurisdictions, royalties, privileges, franchises, pre- 
eminencies, and hereditaments whatsoever, within the said tract, 
bounds, lands, and islands aforesaid, or to them, or any of them 
Habendum, belonging.^) To have and to hold the same, unto the said governor 
and company, their successor, and assigns, for ever, upon trust, 
and for the use and benefit of themselves, and their associates, 
Tenendum, freemen of the said colony, their heirs and assigns ; to be holden 
of us, our heirs and successors, as of our manor of East Green- 
wich, in free and common soccage, and not in capite, nor by 
Reddendum knights service ; Yielding and paying therefore to us, our heirs 
and successors, only the fifth part of all the ore of gold and silver, 
which from time to time and all times hereafter, shall be there 
gotten, had or obtained, in lieu of all services, duties and de- 
mands whatsoever, to be to us, our Jieirs or successors, therefore or 
thereout rendered, made, or paid. /And lastly, we do for us, our 
heirs and successors, grant to the said governor and company, and 
their successors, by these presents, that these our letters patents 
shall be firm, good, and effectual in the law, to all intents, con- 
structions and purposes whatsoever, according to our true intent 
and meaning herein before declared, as shall be construed, reputed, 
and adjudged most favourable on the behalf, and for the best 
benefit and behoof of the said governor and company, and their 
successors, although express mention, &c. In witness, &c. Wit- 
ness the King, at Westminster, the three and twentieth day of 
April, 

Per Breve de Privato Sigillo. 



RHODE ISLAND. 55 



RHODE ISLAND. 



Rhode Island was colonized by Dissenters from Massachusetts, 
chiefly under the direction of one Roger Williams. In the year 1643 
he made a journey to England, and, by the interest of Sir Henry Vane, 
obtained and brought back to his fellow-colonists a Parliamentary 
Charter, by which Providence and Rhode Island were politically 
united till the Restoration. As soon, however, as the Restoration- 
was proclaimed, John Clarke was despatched to England, as deputy 
from the colonists, in order to carry their dutiful respects to the 
foot of the throne, and to solicit a new Charter in their favour. 
Clarke was not over-scrupulous as to the means, though his zeal 
proves how highly he valued the object. He succeeded ultimately 
in gratifying his desire and that of his compatriots, to the fullest 
extent. In fact, says Grahame, this was the first creation, by a 
British patent, of an authority of that peculiar description which 
was then established in Rhode Island. ' Corporations had been 
formerly constituted within the realm for the government of Colonial 
plantations: but now a body politic was created, with specific 
powers for administering all the affairs of a Colony within the 
Colonial territory.' The Charter, which is dated 1662, was an 
improvement on that of Massachusetts, inasmuch as it provided 
a representation of the freemen, which, in the other case, was a 
supplemental arrangement; and especially because it dispensed with 
the necessity of making the transfer, which, in that case, was effected 
without provision for its legal validity. 

In the general attack upon the Charters by the Crown, in the 
years 1685 and '6, that of Rhode Island, though nominally surren- 
dered, was not, in fact, legally extinguished : and this benefit, which 
a similar improvidence afforded to the people of Connecticut, was 
ascertained at the era of the English Revolution. 



Rhode Island Charter, granted by King Charles II., in the 
Fourteenth Year of his Reign. 

/CHARLES the Second, by the grace of God, &c. To all to 
^ whom these presents shall come, greeting. Whereas we have 
been informed by the humble petition of our trusty and well 
beloved subjects, John Clarke, on the behalf of Benjamin Arnold, 
William Brenton, William Codington, Nicholas Easton, William 
Boulston, John Porter, John Smith, Samuel Gorton, John 
Weekes, Roger Williams, Thomas Olney, Gregory Dexter, John 
Cogeshall, Joseph Clarke, Randall Houlden, John Greene, John 
Roome, Samuel Wildbore, William Field, James Barker, Richard 



56 CHARTERS OF THE NEW-ENGLAND STATES. 

Tew, Thomas Harris, and William Dyre, and the rest of the pur- 
chasers, and free inhabitants of our island called Rhode Island, 
and the rest of the colony of Providence Plantations, in the Nar- 
raganset Bay, in New England in America, That they, pursuing 
with peace and loyal minds, their sober, serious, and religious in- 
tentions, of godly edifying themselves, and one another, in the 
holy Christian faith and worship as they were persuaded, together 
with the gaining over and conversion of the poor ignorant Indian 
natives, in those parts of America, to the sincere profession and 
obedience of the same faith and worship, did not only by the con- 
sent and good encouragement of our royal progenitors, transport 
themselves out of this kingdom of England into America; but 
also since their arrival there, after their first settlement amongst 
other our subjects in those parts, for the avoiding of discord, and 
those many evils which were likely to ensue upon those our sub- 
jects, not being able to bear in those remote parts their different 
apprehensions in religious concernments; and in pursuance of the 
aforesaid ends, did once again leave their desirable stations and 
habitations, and with excessive labour and travel, hazard, and 
charge, did transplant themselves into the midst of the Indian 
natives, who, as we are informed, are the most potent princes and 
people of all that country; whereby the good providence of God 
(from whom the plantations have taken their name) upon their 
labour and industry, they have not only been preserved to ad- 
miration, but have increased and prospered, and are seized and 
possessed, by purchase and consent of the said natives, to their 
full content, of such lands, islands, rivers, harbours, and roads, as 
are very convenient both for plantations, and also for building of 
ships, supply of pipe-staves, and other merchandize, and which 
lies very commodious in many respects for commerce, and to ac- 
commodate our southern plantations, and may much advance the 
trade of this our realm, and greatly enlarge the territories thereof; 
they having by near neighbourhood to, and friendly society with, 
the great body of the ISTarraganset Indians, given them encourage- 
ment, of their own accord, to subject themselves, their people 
and lands, unto us; whereby (as is hoped) there may, in time, by 
the blessing of God upon their endeavours, be laid a sure founda- 
tion of happiness to all America. ^And whereas, in their humble 
address, they have freely declared, That it is much on their hearts 
(if they be permitted) to hold forth a lively experiment, that a 
most flourishing civil state may stand, and best be maintained, 
and that among our English subjects, with a full liberty in reli- 
gious concernments, and that true piety, rightly grounded upon 
gospel principles, will give the best and greatest security to sove- 
reignty, and will lay in the hearts of men the strongest obliga- 
tions to true loyalty : now know ye, That we being willing to 
encourage the hopeful undertaking of our said loyal and loving- 
subjects, and to secure them in the free exercise and enjoyment 
of all their civil and religious rights appertaining to them as our 
loving subjects; and to preserve unto them that liberty in the 
true Christian faith and worship of God, which they have sought 
with so much travel, and with peaceable minds and loyal subjec- 



RHODE ISLAND. 57 

tion to our royal progenitors, and ourselves, to enjoy: and be- 
cause some of the people and inhabitants of the same colony can- 
not, in their private opinion, conform to the public exercise of 
religion, according to the liturgy, form, and ceremonies of the 
church of England, or take or subscribe the oaths and articles 
made and established in that behalf; and for that the same, by 
reason of the remote distances of those places, will, as we hope, be 
no breach of the unity and uniformity established in this nation, 
have therefore thought fit, and do hereby publish, grant, ordain, and 
declare, that our royal will and pleasure is, That no person within Grant to the 
the said colony, at anytime hereafter, shall be any-wise molested, "\Vscoio- 
2)uiiished, disquieted, or called in question, for any differences in ny of the 
opinion in matters of religion, and do not actually disturb the civil fl " ee •exercise 
peace of our said colony; but that all and every person and persons gj 011> 
may, from time to time, and at all times hereafter, freely and 
fully have and enjoy his and their own judgments and consciences, 
in matters of religious concernments, throughout the tract of 
land hereafter mentioned, they behaving themselves peaceably 
and quietly, and not using this liberty to licentiousness and pro- 
faneness, nor to the civil injury or outward disturbance of others, 
any law, statute, or clause therein contained, or to be contained, 
usage or custom of this realm, to the contrary hereof, in any wise 
notwithstanding. And that they may be in the better capacity 
to defend themselves in their just rights and liberties against all 
the enemies of the Christian faith, and others, in all respects, we 
have further thought fit, and at the humble petition of the persons 
aforesaid, are graciously pleased to declare, That they shall have Th . e y ^ lia11 
and enjoy the benefit of our late act of indemnity, and free pardon, beSt of 
as the rest of our subjects in other our dominions and territories the act of 
have; and to create and make them a body politic or corporate, mclemmt y- 
with the powers or privileges hereinafter mentioned: and accord- J^°of°cS~ 
ingly, our will and pleasure is, and of our especial grace, certain V ers persons 
knowledge, and mere motion, Ave have ordained, constituted, and intheProYi- 
declared, and by these presents, for us, our heirs, and successors, ^tions Plan " 
do ordain, constitute, and declare, That they the said William 
Brenton, William Coddington, Nicholas Easton, Benedict Arnold, 
William Boulston, John Porter, Samuel Gorton, John Smith, 
John Weekes, Roger Williams, Thomas Olney, Gregory Dexter, 
John Cogeshall, Joseph Clarke, Randall Houlden, John Greene, 
John Roome, William Dyre, Samuel Wildbore, Richard Tew, 
William Field, Thomas Harris, James Barker, Rainsborrow, 

Williams, and John Nickson, and all such others as are 
now, or hereafter shall be admitted, free of the company and 
society of our colony of Providence Plantations, in the Narra- 
ganset Bay, in New England, shall be, from time to time, and for 
ever hereafter, a body corporate and politic, in fact and name, by 
the name of the Governor and Company of the English Colony of Name of the 
Rhode Island, and Providence Plantations, in New England, in cor P° ration - 
America; and that by the same name they and their successors 
shall and may have perpetual succession, and shall and may be 
persons able and capable in the law to sue and be sued, to plead 
and be impleaded, to answer and to be answered unto, to defend 



58 



Common 
Seal. 



Govern- 
ment. 



Appoint- 
ment of the 
first govern- 
or, deputy- 
governor, 
and assist- 
ants. 



The gover- 
nor may as- 
semble the 
said compa- 
ny as often 
as he thinks 
proper, &c. 



CHARTERS OF THE NEW-ENGLAND STATES. 

and to be defended, in all and singular suits, causes, quarrels, 
matters, actions, and things, of what kind or nature soever; 
and also to have, take, possess, acquire, and purchase lands, tene- 
ments, or hereditaments, or any goods or chattels, and the same 
to lease, grant, demise, alien, bargain, sell and dispose of, at their 
own will and pleasure, as other our liege people of this our realm, 
of England, or any corporation or body politic Avithin the same, 
may lawfully do;Vand further, That they the said Governor and 
Company, and their successors, shall and may, for ever hereafter, 
have a common seal, to serve and use for all matters, causes, 
things, and affairs whatsoever, of them and their successors, and 
the same seal to alter, change, break, and make new from time to 
time, at their will and pleasure, as they shall think fit. And 
further, we will and ordain, and by these presents, for us, our 
heirs, and successors, do declare and appoint, That for the better 
ordering and managing of the affairs and business of the said 
company and their successors, there shall be one governor, one 
deputy governor, and ten assistants, to be from time to time con- 
stituted, elected, and chosen, out of the freemen of the said com- 
pany, for the time being, in such manner and form as is hereafter 
in these presents expressed; which said officers shall apply them- 
selves to take care for the best disposing and ordering of the 
general business and affairs of and concerning the lands and 
hereditaments herein aftermentioned to be granted, and the 
plantation thereof, and the government of the people there. 
And for the better execution of our royal pleasure herein, we do 
for us, our heirs, and successors, assign, name, constitute, and 
appoint, the aforesaid Benedict Arnold to be the first and present 
governor of the said company, and the said William Brenton to 
be the deputy governor, and the said William Boulston, John 
Porter, Roger Williams, Thomas Olney, John Smith, John Greene, 
John Cogeshall, James Barker, William Field, and Joseph Clarke, 
to be the ten present assistants of the said company, to continue 
in the said several offices respectively, until the first Wednesday 
which shall be in the month of May now next coming. And 
further, we will, and by these presents, for us, our heirs, and suc- 
cessors, do ordain and grant, That the governor of the said com- 
pany, for the time being, or in his absence, by occasion of sickness, 
or otherwise, by his leave or permission, the deputy governor, 
for the time being, shall and may, from time to time, upon 
all occasions, give order for the assembling of the said com- 
pany, and calling them' together, to consult and advise of the 
business and affairs of the said company; and that for ever here- 
after, twice in every year, that is to say, on every first Wed- 
nesday in the month of May, and on every last Wednesday 
in October, or oftener, in case it shall be requisite, the assistants, 
and such of the freemen of the said company, not exceeding six 
persons, for Newport, four persons for each of the respective towns 
of Providence, Portsmouth, and Warwick, and two persons for 
each other place, town or city, who shall be from time to time 
thereunto elected or deputed by the major part of the freemen of 
the respective places, towns or places for which they shall be so 



RHODE ISLAND. 



59 



elected or deputed, shall have a general meeting or assembly, then 
and there to consult, advise and determine, in and about the 
affairs and business of the said company and plantations. And Power of the 
further, we do of our especial grace, certain knowledge, and mere ge^iy. 
motion, give and grant unto the said governor and company of 
the English colony of Rhode Island and Providence Plantations, 
in New England, in America, and their successors, That the go- 
vernor, or in his absence, or by his permission, the deputy governor 
of the said company, for the time being, the assistants, and such 
of the freemen of the said company as shall be so aforesaid elected 
or deputed, or so many of them as shall be present at such meet- 
ing or assembly, as aforesaid, shall be called the general assembly; 
and that they, or the greatest part of them then present, whereof 
the governor, or deputy governor, and six of the assistants at least, 
to be seven, shall have, and have hereby given and granted unto 
them, full power and authority, from time to time, and at all 
times hereafter, to appoint, alter, and change such days, times and 
places of meeting, and general assembly, as they shall think lit, 
and to chuse, nominate and appoint such and so many persons as 
they shall think fit, and shall be willing to accept the same, to be 
free of the said company and body politic and them into the same 
to admit, and to elect, and constitute such offices and officers, and 
to grant such needful commissions as they shall think fit and re- 
quisite, for ordering, managing, and dispatching of the affairs of 
the said governor and company, and their successors; and, from 
time to time, to make, ordain, constitute or repeal, such laws, 
statutes, orders and ordinances, forms and ceremonies of govern- 
ment and magistracy, as to them shall seem meet, for the good and 
welfare of the said company, and for the government and ordering 
of the lands and hereditaments herein after mentioned to be granted, 
and of the people that do, or at any time hereafter shall inhabit, or 
be within tlie same; so as such laws, ordinances, and constitutions, 
so made, be not contrary and repugnant unto, but, as near as may, 
agreeable to the laivs of this our realm of England considering the 
nature and constitution of the place and people there; and also to 
appoint, order and direct, erect and settle such places and courts of 
jurisdiction, for hearing and determining of all actions, cases, mat- 
ters and things, happening within the said colony and plantation, and 
which shall be in dispute, and depending there, as they shall 
think fit ; and also to distinguish and set forth the several names 
and titles, duties, powers and limits, of each court, office and 
officer, superior and inferior ; and also, to contrive and appoint 
such forms of oaths and attestations, not repugnant, but as near 
as may be agreeable as aforesaid to the laws and statutes of 
this our realm, as are convenient and requisite, with respect to 
the due administration of justice, and due execution and discharge 
of all offices and places of trust, by the persons that shall be 
therein concerned; and also to regulate and order the way and 
manner of all elections to offices and places of trust, and to 
prescribe, limit and distinguish the number and bounds of all 
places, towns and cities, with the limits and bounds herein after 
mentioned, and not herein particularly named, who have or shall 



60 CHARTERS OF THE NEW-ENGLAND STATES. 

have the power of electing and sending of freemen to the said 
general assembly ; and also to order, direct and authorise, the 
imposing of lawful and reasonable fines, mulcts, imprisonments, 
and executing other punishments, pecuniary and corporal, upon 
offenders and delinquents, according to the course of other cor- 
porations, within this our kingdom of England ; and again, to 
alter, revoke, annul or pardon, under their common seal, or other- 
wise, such fines, mulcts, imprisonments, sentences, judgments 
and condemnations, as shall be thought fit ; and to direct, rule, 
order and dispose of all other matters and things, and particu- 
larly that which relates to the making of purchases of the native 
Indians, as to them shall seem meet ; whereby our said people 
and inhabitants in the said plantations, may be so religiously, 
peaceably and civilly governed, as that by their good life, and 
orderly conversation, they may win and invite the native Indians 
of the country to the knowledge and obedience of the only true 
God and Saviour of mankind ; willing, commanding and requir- 
ing, and by these presents, for us, our heirs and successors, or- 
daining and appointing, that all such laws, statutes, orders and 
ordinances, instructions, impositions and directions, as shall be 
so made by the governor, deputy, assistants and freemen, or such 
number of them as aforesaid, and published in writing under 
their common seal, shall be carefully and duly observed, kept, 
performed and put in execution, according to the true intent and 
meaning of the same. And these our letters patents, or the 
duplicate or exemplification thereof, shall be to all and every 
such officers, superior or inferior, from time to time, for the 
putting of the same orders, laws, statutes, ordinances, instructions 
and directions, in due execution against us, our heirs and suc- 
cessors, a sufficient warrant and discharge. And further, our 
will and pleasure is, and we do hereby for us, our heirs and 
There shall successors, establish and ordain, That yearly, once in the year 
a? election 11 " ^ or ever nerea fter, namely, the aforesaid Wednesday in May, and 
of the go- at the town of Newport, or elsewhere if urgent occasion do 
vernor, &c, require, the governor, deputy-governor, and assistants of the said 
ral assembly com P an y; an d other officers of the said company, or such of them 
in the month as the general assembly shall think fit, shall be in the said 
of May. general court or assembly, to be held from that day or time, 
newly chosen for the year ensuing, by greater part of the said 
company for the time being, as shall be then and there present. 
Accidental And if it shall happen that the present governor, deputy- governor, 
death^re^ an0 - assistants, by these presents appointed, or any such as shall 
moval may hereafter be newly chosen into their rooms, or any of them, 
he filled up or an y th e r the officers of the said company, shall die, or be 
ral assem" 6 " removed from his or their several offices or places, before the 
bly. said general day of election, (whom we do hereby declare for any 

Power to re- misdemeanor or default, to be removeable by the governor, assis- 
^vemor or ^ an ^ s an( ^ company, or such greater part of them, in any of the 
any other said public courts to be assembled, as aforesaid) that then, and 
officer, for i n every such case, it shall and may be lawful to and for the said 
me^nor. e " governor, deputy-governor, assistants and company aforesaid, or 
such greater part of them so to be assembled, as is aforesaid, in 



RHODE ISLAND. 61 

any of their assemblies, to proceed to a new election of one or 
more of their company, in the room or place, rooms or places, 
of such officer or officers so dying or removed, according to their 
directions. And immediately upon and after such election or 
elections made of such governor, deputy-governor, assistant or 
assistants, or any other officer of the said company, in manner 
and form aforesaid, the authority, office and power, before given 
to the former governor, deputy-governor, and other officer and 
officers so removed, in whose stead and place new shall be chosen, 
shall, as to him and them, and ever}'- of them respectively, cease 
and . determine : provided always, and our will and pleasure is, 
That as well such as are by these presents appointed to be the The gov., 
present governor, deputy-governor, and assistants of the said de P ut y gov., 
company, as those which shall succeed them, and all other tak'eYoiemn 
officers to be appointed and chosen as aforesaid, shall, before engage- 
the undertaking the execution of the said offices and places J? 611 ?/- do 
respectively, give their solemn engagement by oath or other- f their re- 
wise, for the due and faithful performance of their duties in spective of- 
their several offices and places, before such person or persons flces * 
as are by these presents hereafter appointed to take and receive 
the same; (that is to say) the said Benedict Arnold, who is herein 
before nominated and appointed the present governor of the said 
company, shall give the aforesaid engagement before William 
Brenton, or any two of the said assistants of the said company, 
unto whom we do, by these presents, give full power and autho- 
rity to require and receive the same; and the said William Bren- 
ton, who is hereby before nominated and appointed the present 
deputy governor of the said company, shall give the aforesaid en- 
gagement before the said Benedict Arnold, or any two of the 
assistants of the said company, unto whom we do, by these pre- 
sents, give full power and authority to require and receive the 
same; and the said William Boulston, John Porter, Roger Wil- 
liams, Thomas Olney, John Smith, John Greene, John Coggeshall, 
James Barker, William Field, and Joseph Clarke, who are herein 
before nominated and appointed the present assistants of the com- 
pany, shall give the said engagement to their offices and places 
respectively belonging, before the said Benedict Arnold and 
William Brenton, or one of them, to whom respectively we do 
hereby give full power and authority to require, administer or re- 
ceive the same. And further, our will and pleasure is, that all Manner in 
and every other future governor, or deputy governor, to be elected whichf «ture 
and chosen by virtue of these presents, shall give the said engage- f Mother 
ment before two or more of the said assistants of the said com- officers of 
pany for the time being, unto whom we do, by these presents, the C01 T U 
give full power and authority to require, administer or receive giv/these 
the same; and the said assistants, and every of them, and all and engage- 
every other officer or officers, to be hereafter elected and chosen ments * 
by virtue of these presents, from time to time, shall give the like 
engagements to their offices and places respectively belonging, 
before the governor, or deputy governor, for the time being; 
unto which said governor, or deputy governor, we do by these 
presents give full power and authority to require, administer, or 



62 



CHARTERS OF THE NEW-ENGLAND STATES. 



receive the same accordingly. And we do likewise, for us, our 
, heirs and successors, give and grant unto the said governor and 



The gover- 
nor, &c, 
may govern J 

the colony company, and their successors, by these presents, that for the 
according to more peaceable and orderly government of the said plantations, 
that have ^ SDa ^ an( l mav ^ e lawful for the governor, deputy governor, 
already been assistants, and all other officers and ministers, of the said corn- 
in use there p anv [ n £] ie administration of iustice, and exercise of government, 

(not being F.?' ".,,... ° . ^ . & ,' 

contrary to m the said plantations, to use, exercise, and put m execution, such 
the laws of methods, rules, orders, and directions, not being contrary and 
' repugnant to the laws and statutes of this our realm, as has been 
heretofore given, used, and accustomed in such cases respectively, 
to be put in practice, until, at the next or some other general 
assembly, especial provision shall be made and ordained in the 
cases aforesaid. And we do further, for us, our heirs and suc- 
cessors, give and grant unto the said governor and company, and 
their successors, by these presents, that it shall and may be lawful 



they are 
changed in 
some gen. 
assembly. 

Power of 
arming the 
people, and 
leading 



invade the 
colony 



them out to to and for the said governor, or in his absence the deputy go- 
any enemies vernor, and major part of the said assistants for the time being, at 
that shall any time, when the said general assembly is not sitting, to nomi- 
nate, appoint and constitute such and so many commanders, go- 
vernors, and military officers, as to them shall seem requisite, 
for the leading, conducting, and training up the inhabitants of 
the said plantations in martial affairs, and for the defence and 
safeguard of the said plantations; and that it shall and may be 
lawful to and for all and every such commander, governor, and 
military officer, that shall be so as aforesaid, or by the governor, 
or in his absence the deputy-governor, and six of the assistants, 
and major part of the freemen of the said company, present at 
any general assemblies, nominated, appointed and constituted, 
according to the tenor of his and their respective commissions and 
directions, to assemble, exercise in arms, marshal, array, and put 
in warlike posture, the inhabitants of the said colony, for their 
especial defence and safety; and to lead and conduct the said in- 
habitants, and to encounter, repulse, and resist by force of arms, 
as well by sea as by land, and also to kill, slay, and destroy, by 
all fitting ways, enterprizes, and means whatsoever, all and every 
such person or persons, as shall at any time hereafter attempt or 
enterprize the destruction, invasion, detriment, or annoyance of 
the said inhabitants or plantations; and to use and exercise the 
law martial, in such cases only as occasion shall necessarily re- 
quire; and to take and surprize, by all ways and means whatso- 
and upon ever, all and every such person and persons, with their ship or 
just causes ships, armour, ammunition, or other goods of such persons as shall 
to invade - n X^ os tile manner invade or attempt the defeating of the said 
^ . ' plantation, or the hurt of the said company and inhabitants; and 

But they J- , ; . , . , , , . r ,r ,. T ,. 3 

may not upon just causes to invade and destroy the natives, Indians, or 
invade the other enemies of the said colony. Nevertheless, our will and 
Indians pleasure is, and we do hereby declare, to the rest of our colo- 
inhabiting nies in New-England, that it shall not be lawful for this our 
other colo- Ba [fi co lony of Rhode-Island and Providence plantations in 
cogent h °f Ut America, in New-England, to invade the natives inhabiting 
said colonies within the bounds and limits of their said coloines, without the 



EHODE ISLAND. 63 

knowledge and consent of the said other colonies. And it is And the 

hereby declared, that it shall not be lawful to or for the rest of * her . co /f > : 

J , . , , , • t t j.i nies stia ^ be 

the colonies to invade or molest the native Indians, or any other un der the 

inhabitants inhabiting within the bounds or limits hereafter same re- 
mentioned, (they having subjected themselves unto us, and being ^J£ res pect 
by us taken into our special protection,) without the knowledge to the 
and consent of the governor and company of our colony of Indians that 
Rhode-Island and Providence plantation. Also our will and Khode-isi. 
pleasure is, and we do hereby declare unto all Christian Kings, 
Princes and States, that if any person, which shall hereafter be Provision in 
of the said company or plantation, or any other by appointment case any of 
of the said governor and company, for the time being, shall at tants f this 
any time or times hereafter rob or spoil, by sea or land, or do any colony of 
hurt, or unlawful hostility, to any of the subjects of us, our heirs j^[f *"?* 
and successors, or any of the subjects of any Prince or State, injure the 
being then in league with us, our heirs and successors ; upon subjects of 
complaint of such injury done to any such Prince or State, or jJJJJJty with* 
their subjects, we, our heirs and successors, will make open pro- England, 
clamation, within any parts of our realm of England, fit for that 
purpose, that the person or persons committing any such robbery 
or spoil, shall, within the time limited by such proclamation, make 
full restitution or satisfaction of all such injuries done or com- 
mitted, so as the said Prince, or others so complaining, may be 
fully satisfied and contented ; and if the said person or persons, 
who shall commit any such robbery or spoil, shall not make 
satisfaction accordingly within such time so to be limited, that 
then we, our heirs and successors, will put such person or persons 
out of our allegiance and protection ; and that then it shall and 
may be lawful and free for all Princes or others, to prosecute with 
hostility such offenders, and every of them, their and every of 
their procurers, aiders, abettors and counsellors, in that behalf. 
Provided also, and our express will and pleasure is, and we do Reservation 

by these presents, for us, our heirs and successors, ordain and t ?, the km s' s 

. -r -, in • i • other sub- 

appomt, that these presents shall not in any manner hinder any jects of the 
of our loving subjects whatsoever, from using and exercising the tikerty of 
trade of fishing upon the coast of New-England in America, but drying their 
that they, and every or any of them, shall have full and free fish within 
power and liberty to continue and use the trade of fishing upon this colony. 
the said coast, in any of the seas thereunto adjoining, or any 
arms of the sea, or salt-water, rivers and creeks, where they have 
been accustomed to fish, and to build and set upon the waste land 
belonging to the said colony and plantations, such wharfs, stages, 
and work -houses as shall be necessary for the salting, drying and 
keeping of their fish, to be taken or gotten upon that coast. 
And further, for the encouragement of the inhabitants of our Whales, 
said colony of Providence plantation, to set upon the business of 
taking whales, it shall be lawful for them, or any of them, having 
struck a whale, dubertus, or other great fish, it or them to pursue 
unto that coast, and into any bay, river, cove, creek or shore, 
belonging thereto, and it or them, upon the said coast, or in the 
said bay, river, cove, creek or shore, belonging thereto, to kill 
and order for the best advantage without molestation, they making 



u 



Vineyards. 



Liberty to 
carry over 
to this co- 
lony any of 
the king's 
subjects 
who shall 
be willing 
to go thi- 
ther ; 



and like- 
wise to 
carry over 
goods and 
merchan- 
dize from 
England. 



■General 
denization 
of all the 
inhabitants 
of this 
colony. 



Grant of 
the soil of 
the colony 
to the said 
governor & 
company. 



CHARTERS OF THE NEW-ENGLAND STATES. 

no wilful waste or spoil; any thing in these presents contained, or. 
any other matter or thing to the contrary notwithstanding. And 
further also, we are graciously pleased, and do hereby declare, 
that if any of the inhabitants of our said colony do set upon the 
planting of vineyards, (the soil and climate both seeming natu- 
rally to concur to the production of wines,) or be industrious in 
the discovery of fishing-banks, in or about the said colony, we 
will, from time to time, give and allow all due and fitting encou- 
ragement therein, as to others in cases of like nature. And 
further of our more ample grace, certain knowledge, and mere 
motion, we have given and granted, and by these presents, for 
us, our heirs and successors, do give and grant, unto the said 
governor and company of the English colony of Ehode-Island 
and Providence plantation in the Narragansett bay in New- 
England, in America, and to every inhabitant there, and to every 
person and persons trading thither, and to every such person or 
persons as are or shall be free of the said colony, full power and 
authority, from time to time, and at all times hereafter, to take, 
ship, transport, and carry away, out of any of our realms and 
dominions, for and towards the plantation and defence of the said 
colony, such and so many of our loving subjects and strangers, 
as shall or will willingly accompany them in and to their said 
colony and plantation, except such person or persons as are or 
shall be therein restrained by us, our heirs and successors, or 
any law or statute of this realm; and also to ship and trans- 
port all and all manner of goods, chattels, merchandize, and 
other things whatsoever, that are or shall be useful or necessary 
for the said plantations, and defence thereof, and usually trans- 
ported, and not prohibited by any law or statute of this our 
realm; yielding and paying unto us, our heirs and successors, 
such the duties, customs, and subsidies, as are or ought to be 
paid or payable for the same. And further, our will and plea- 
sure is, and we do, for us, our heirs and successors, ordain, 
declare and grant, unto the said governor and company, and their 
successors, that all and every the subjects of us, our heirs and 
successors, which are already planted and settled within our said 
colony of Providence plantations, or which shall hereafter go to 
inhabit within the said colony, and all and every of their children 
which have been born there, or which shall happen hereafter to 
be born there, or on the sea going thither or returning from 
thence, shall have and enjoy all liberties and immunities of free 
and natural subjects, within any the dominions of us, our heirs 
or successors, to all intents, constructions and purposes whatso- 
ever, as if they and every of them were born within the realm of 
England. And further know ye, that we, of our more abundant 
grace, certain knowledge, and mere motion, have given, granted 
and confirmed, and by these presents, for us, our heirs and suc- 
cessors, do give, grant and confirm, unto the said governor and 
company, and their successors, all that part of our dominions, in 
New-England in America, containing the Nahantick and Nanhy- 
gansett alias Narragansett bay and countries and parts adjacent, 
bounded on the west, or westerly, to the middle or channel of a 









RHODE ISLAND. 65 

river there, commonly called and known by the name of Pawca- 
tuck alias Pawcawtuck river, and so along the said river, as the 
greater or middle stream thereof reacheth or lies up into the 
north country, northward unto the head thereof, and from thence 
by a strait line drawn due north, until it meet with the south line 
of the Massachusets colony, and on the north or northerly by the 
aforesaid south or southerly line of the Massachusets colony or 
plantation, and extending towards the east or eastwardly three 
English miles, to the east and north-east of the most eastern and 
north-eastern parts of the aforesaid Narragansett bay, as the said 
bay lieth or extendeth itself from the ocean on the south or 
southwardly, unto the mouth of the river which runneth towards 
the town of Providence, and from thence along the eastwardly 
side or bank of the said river (higher called by the name of 
Seacunck river) up to the falls called Patucket falls, being the 
most westwardly line of Plymouth colony ; and so from the said 
falls, in a strait line due north, until it meet with the aforesaid 
line of the Massachusets colony, and bounded on the south by the 
ocean, and in particular the lands belonging to the town of 
Providence, Patuxit, Warwicke, Misquammacock alias Pawcatuck, 
and the rest upon the main land, in the tract aforesaid, together 
with Bhode-Island, Blocke-Island, and all the rest of the islands 
and banks in the Narragansett bay, and bordering upon the coast 
of the tract aforesaid, (Fisher's-Island only excepted) together 
with all firm lands, soils, grounds, havens, ports, rivers, waters, 
fishings, mines royal, and all other mines, minerals, precious 
stones, quarries, woods, wood-grounds, rocks, slates, and all and 
singular other commodities, jurisdictions, royalties, privileges, 
franchises, pre-eminences and hereditaments whatsoever, within 
the said tract, bounds, lands and islands aforesaid, to them or any 
of them belonging, or in any-wise appertaining^ To have and to Habendum, 
hold the same, unto the said governor and company, and their 
successors for ever, upon trust, for the use and benefit of them- 
selves, and their associates, freemen of the said colony, their heirs 
and assigns. To be holden of us, our heirs and successors as of Tenendum, 
the manor of East-Greenwich, in our county of Kent, in free and 
common soccage, and not in capite, nor by Knight's service. 
Yielding and paying therefore to us, our heirs and successors, Redden- 
only the fifth part of all the ore of gold and silver, which from dum * 
time to time, and at all times hereafter, shall be there gotten, had 
or obtained, in lieu and satisfaction of all services, duties, fines, 
forfeitures made or to be made, claims and demands whatsoever, 
to be to us, our heirs or successors, therefore or thereout ren- 
dered, made or paid ; any grant or clause, in a late grant to the 
governor and company of Connecticut colony in America, to the 
contrary thereof in any wise notwithstanding ; the aforesaid 
Pawcatuck river having been yielded after much debate, for the 
fixed and certain bounds between these our said colonies, by the 
agents thereof, who have also agreed, that the said Pawcatuck 
river shall be also called alias JSTarrogancett or Narrogansett 
river, and to prevent future disputes that otherwise might arise 
thereby, for ever hereafter, shall be construed, deemed and taken 



66 CHARTERS OF THE NEW-ENGLAND STATES. 

to be the Narrogancett river, in our late grant to Connecticut 
Appeals to colony, mentioned as the easterly bounds of that colony. And 
the king, further, our will and pleasure is, that in all matters of public con- 
troversies, which may fall out between our colony of Providence 
plantation, to make their appeal therein to us, our heirs and suc- 
cessors, for redress in such cases, within this our realm of Eng- 
Liberty to land; and that it shall be lawful to and for the inhabitants of the 
pass and re- g^ co l ny of Providence plantation, without lett or molestation, 
th^other to P ass an( ^ repass with freedom into and through the rest of the 
English co- English colonies, upon their lawful and civil occasions, and to 
loniea. converse, and hold commerce, and trade with such of the in- 

habitants of our other English colonies as shall be willing to 
admit them thereunto, they behaving themselves peaceably among 
them; any act, clause or sentence, in any of the said colonies 
provided, or that shall be provided, to the contrary in any wise 
notwithstanding. And lastly, we do for us, our heirs and suc- 
cessors, ordain and grant unto the said governor and company, 
and their successors, by these presents, that these our letters 
patents shall be firm, good, effectual and available, in all things 
in the law, to all intents, constructions and purposes whatsoever, 
according to our true intent and meaning herein before declared ; 
and shall be construed, reputed and adjudged, in all cases, most 
favourably on the behalf, and for the best benefit and behoof of 
the said governor and company, and their successors, although 
express mention, &c. In witness, &c. witness, <fcc. 

Per Ipsum Regern. 






MASSACHUSETTS SECOND CHARTER. 

In the year 1661, the people of Massachusetts were under great 
apprehensions from intelligence which reached them of intended 
encroachments on their Charter by the Crown. Thereupon they 
held a general court, at which they appointed a committee of eight 
of the most eminent persons in the State, to prepare a report, 
ascertaining the extent of their rights and the limits of their obedience. 
The resolutions which were framed in accordance therewith, are 
given in Grahame's History, (i., 309,) and are interesting, as showing 
in a clear light the colonists' interpretation of the Charter they 
possessed. Two years later, in the expectation of a visitation from 
England, the general court of Massachusetts appointed a day of 
solemn fast and prayer throughout its jurisdiction, in order to 
implore the mercy of God under their many distractions and 
troubles : and, deeming it a point of the highest importance that 
the Patent or Charter should be kept e safe and secret,' they ordered 
their secretary to bring it into court, and to deliver it to four of the 
members, who were directed to dispose of it in such manner as they 
should judge most conducive to its secure preservation. In 1664, 
when the Commission appeared, the Court resolved ( to bear true 



MASSACHUSETTS SECOND CHARTEK. 67 

allegiance to his Majesty, and to adhere to a Patent so dearly 
obtained and so long enjoyed by undoubted right.' The petition 
to the King which they framed upon the occasion concluded as 
follows : * Let our government live, our Patent live, our magistrates 
live, our laws and liberties live, our religious enjoyments live; so shall 
we all yet have further cause to say from our hearts, Let the King 
live for ever.' To the demand of the Commissioners, subsequently 
made, for an explicit answer to this question — Did they acknowledge 
the authority of his Majesty's Commission? — the Court desired to 
be excused from giving any other answer, than that they acknow- 
ledged the authority of his Majesty's Charter, with which they were 
much better acquainted. Thus, its Charter was as precious and 
august to Massachusetts as its Palladium was to ancient Troy, or 
Buddha's tooth to the natives of Ceylon,* only with this important 
difference, that its actual was nearer to its estimated value. In 
this spirit they also refused, in 1683, to be consenting parties to 
its abrogation, and only submitted to the decision of the King's 
Bench, which, on a quo warranto, ordered it to be cancelled. 

From the date of this judgment Massachusetts was governed by 
a Royal Commission, until, in the year 1689, the intelligence of the 
English Revolution produced an insurrection at Boston, in which 
Andros, the Governor, was deposed, and the ancient Charter and 
its constitutions de facto resumed. At first, indeed, the people of 
Massachusetts considered this extemporised proceeding sufficient ; 
but the calm consideration which succeeded the ferment during 
which this purpose had been roughly broached, convinced them that 
this attempt was impracticable, and that the restoration of a Charter 
so formally vacated by the existing authorities of the parent state, 
could proceed only from the Crown or Legislature of England. 
With this impression, which was unquestionably just, they sent over 
agents to petition the King, either to restore the old Charter bodily, 
or to invest them with the privileges it contained by means of a new 
one. But ( William and his Ministers,' says Grahame, ( though 
restrained from imitating the tyrannical proceedings of the former 
reign, were eager and determined to avail themselves of whatever 
acquisitions these proceedings might have gained to the royal 
prerogative. Thus, the former adhered inflexibly to his deter- 
mination of retaining, as far as possible, every advantage, however 
surreptitious, that fortune had put into his hands ; and at length a 
new Charter was framed, on principles that widely departed from 
the primaeval constitution of the Colony, and transferred to the 
Crown many valuable privileges that had originally belonged to the 
people.' 

This Charter, which we are now about to give, will be seen to 
bear out Grahame's description, on examination of its various 
provisions. After a new distribution and arrangement of territory, 

* ' A charter which the enthusiasm of those days considered as sacred, because sup- 
posed to be derived from the providence of Heaven.' — Chalmers' Annals, i., 139. 

F 2 



68 CHAETEES OF THE NEW-ENGLAND STATES. 

the appointment of the Governor, deputy Governor, Secretary, and 
all the Officers of the Admiralty, are reserved to the Crown. 
Twenty-eight Councillors are directed to be chosen by the House 
of Assembly, and presented to the Governor for his approbation. 
The Governor is empowered to convoke, adjourn, prorogue, and 
dissolve the Assembly at pleasure; to nominate exclusively all 
military officers, and (with the consent of his Council) all the Judges 
and other officers of the law. To the Governor is reserved a 
negative on the laws and acts of the General Assembly and Council ; 
and all laws enacted by these bodies, and approved by the Governor, 
are appointed to be transmitted to England, for the royal approba- 
tion ; and if disallowed within the space of three years, they are to 
become absolutely void. Liberty of conscience and divine worship, 
which had not been mentioned in the old Charter, is, by the present 
one, expressly granted to all persons except Roman Catholics. 

It is not surprising, therefore, that this Charter should have 
been received with the greatest discontent by the colonists; so 
much so, that William thought it prudent to waive, in the outset, 
the exercise of his prerogative, and to grant them a Governor of 
their own nomination. This treatment of Massachusetts was, 
moreover, invidious; for Rhode Island and Connecticut had 
obtained greater advantages. 'A dangerous lesson,' it is well 
said, 'was taught to the Colonial Communities, when they were 
thus given to understand that it was their own vigilant dexterity 
and successful intrigue, or the blunders of the parent state, that they 
were to rely on as the safeguards of their rights.' Moreover, the 
power which was wrested from the colonists, and appropriated by 
the Crown, was found inadequate to form an efficient Royalist 
party in the province. On the contrary, it is averred, as a fact 
worth remark, that the dissensions between this country and the 
colonies, which afterwards terminated in the dissolution of the 
British Empire in America, were not a little promoted by the 
pernicious counsels and erroneous information transmitted to the 
English Ministry, by the very Governors of those provinces in 
which the appointment to that office was exercised by the King. 

The Second Charter granted to the Inhabitants of Massachusetts, 
by their Majesties King William and Queen Mary. Dated, 
Oct. 7, 1691. 

WILLIAM and Mary, by the grace of God, of England, Scot- 
land, France, and Ireland, King and Queen, defenders of 
the faith, &c. To all to whom these presents shall come, greeting. 
Whereas his late Majesty King James the First, our royal prede- 
cessor, by his letters patents under the great seal of England, 
bearing date at Westminster the third day of November, in the 
eighteenth year of his reign, did give and grant unto the council 
established at Plymouth, in the county of Devon, for the planting, 
ruling, ordering, and governing of New-England, in America, and 



MASSACHUSETTS SECOND CHARTER. 69 

to their successors and assigns, all that part of America lying and 
being in breadth from forty degrees of northerly latitude, from 
the equinoctial line, to the forty-eighth degree of the said 
northerly latitude, inclusively, and in length of and within all the 
breadth aforesaid, throughout all the main lands, from sea to sea, 
together also with all the firm lands, soils, grounds, havens, ports, 
rivers, waters, fishings, mines, and minerals, as well royal mines 
of gold and silver, as other mines and minerals, precious stones, 
quarries, and all and singular other commodities, jurisdictions, 
royalties, privileges, franchises, and preheminences, both within 
the said tract of land upon the main, and also within the islands 
and seas adjoining. Provided always, that the said lands, islands, 
or any the premisses, by the said letters patents intended and 
meant to be granted, were not then actually possessed or inhabited 
by any other Christian prince or state, or within the bounds, 
limits, or territories of the southern colony, then before granted 
by the said late King James the First, to be planted by divers of 
his subjects in the south parts. To have and to hold, possess and 
enjoy, all and singular the aforesaid continent, lands, territories, 
islands, hereditaments, and precincts, seas, waters, fishings, with 
all and all manner of their commodities, royalties, liberties, pre- 
heminences, and profits, that should from thenceforth arise from 
thence, with all and singular their appurtenances, and every part and 
parcel thereof, unto the said council, and their successors and assigns, 
for ever, to the sole and proper use and benefit of the said council, 
and their successors and assigns, for ever: to be holden of his 
said late Majesty, King James the First, his heirs and succesors, 
as of his manor of East-Greenwich, in the county of Kent, in 
free and common soccage, and not in capite, nor by knights ser- 
vice. Yielding and paying therefore to the said late King, his 
heirs and successors, the fifth part of the ore of gold and silver, 
which should, from time to time, and at all times then after, 
happen to be found, gotten, had, and obtained, in, at, or within 
any of the said lands, limits, territories, or precincts, or in, or 
within any part or parcel thereof, for or in respect of all and all 
manner of duties, demands, and services whatsoever, to be done, 
made, or paid to the said late King James the First, his heirs and 
successors, (as in and by the said letters patents, amongst sundry 
other clauses, powers, privileges, and grants therein contained, 
more at large appeareth). And whereas the said council esta- 
blished at Plymouth, in the county of Devon, for the planting, 
ruling, ordering, and governing of New-England, in America, did, 
by their deed, indented under their common seal, bearing date the 
nineteenth day of March, in the third year of the reign of our 
royal grandfather King Charles the First, of ever blessed memory, 
give, grant, bargain, fell, infeoff, alien, and confirm to Sir 
Henry Roswell, Sir John Young, Knights, Thomas Southcott, 
John Humphreys, John Endicott, and Simon Whetcombe, their 
heirs and assigns, and their associates, for ever, all that part of 
New England, in America aforesaid, which lies and extends be- 
tween a great river there, commonly called Monomack, alias 
Merimack, and a certain other river there, called Charles River, j 



70 CHARTERS OE THE NEW-ENGLAND STATES. 

being in a bottom of a certain bay there, commonly called 
Massachusets, alias Mattachusetts, alias Massatusetts Bay. And 
also, all and singular those lands and hereditaments, whatsoever, 
lying within the space of three English miles, on the south part of 
the said Charles River, or of any and every part thereof. And 
also, all and singular the lands and hereditaments whatsoever, 
lying and being within the space of three English miles to the 
southward of the southermost part of the said bay called Massa- 
chusets, alias Mattachusetts, alias Massatusetts Bay. And also, 
all those lands and hereditaments whatsoever, which lie and be 
within the space of three English miles to the northward of the 
said river called Monomack, alias Merimack, or to the northward 
of any and every part thereof; and all lands and hereditaments 
whatsoever, lying within the limits aforesaid, north and south in 
latitude, and in breadth, and in length, and longitude, of and 
within all the breadth aforesaid, throughout the main lands there, 
from the Atlantick and Western Sea and Ocean on the east part, 
to the South Sea on the west part; and all lands and grounds, 
place and places, soils, woods, and wood-grounds, havens, ports, 
rivers, waters, fishings, and hereditaments whatsoever, lying 
within the said bounds and limits, and every part and parcel 
thereof. And also, all islands lying in America aforesaid, in the 
said seas, or either of them, on the western or eastern coasts or 
parts of the said tracts of land, by the said indenture mentioned 
I to be given and granted, bargained, sold, enfeoffed, aliened, and 
/_ confirmed, or any of them. And also, all mines and minerals as 
well royal mines of gold and silver, as other mines and minerals 
whatsoever, in the said lands and premisses, or any part thereof; 
and all jurisdictions, rights, royalties, liberties, freedoms, im- 
munities, privileges, franchises, preheminences, and commodities 
whatsoever, which they the said council, established at Plymouth, 
in the county of Devon, for the planting, ruling, ordering and 
governing of New-England, in America, then had, or might use, 
exercise, or enjoy, in or within the said lands and premisses, by 
the same indenture mentioned to be given, granted, bargained, 
sold, enfeoffed, and confirmed, in or within any part or parcel 
thereof. To have and to hold the said part of New-England, in 
America, which lies and extends, and is abutted, as aforesaid, and 
every part and parcel thereof; and all the said islands, rivers, 
ports, havens, waters, fishings, mines, minerals, jurisdictions, 
franchises, royalties, liberties, privileges, commodities, heredita- 
ments, and premisses whatsoever, with the appurtenances, unto 
the said Sir Henry Roswell, Sir John Young, Thomas Southcott, 
John Humphreys, John Endicott, and Simon Whitcombe, their 
heirs and assigns, and their associates for ever, to the only proper 
and absolute use and behoof of the said Sir Henry Roswell, Sir 
John Young, Thomas Southcott, John Humphreys, John Endicott, 
and Simon Whitcombe, their heirs and assigns, and their asso- 
ciates, for evermore. To be holden of our said royal grandfather, 
King Charles the First, his heirs and successors, as of his manor 
of East-Greenwich in the county of Kent, in free and common 
soccage, and not in cwpite, nor by knights service ; yielding and 



MASSACHUSETTS SECOND CHARTER. 71 

paying therefore, unto our said royal grandfather, his heirs and 
successors, the fifth part of the ore of gold and silver, which 
should, from time to time, and at all times hereafter, happen to 
be found, gotten, had and obtained in any of the said lands within 
the said limits, or in or within any part thereof, for and in satis- 
faction of all manner of duties, demands, and services whatsoever, 
to be done, made, or paid to our said royal grandfather, his heirs 
and successors, (as in and by the said recited indenture may more 
at large appear.) And whereas our said royal grandfather, in and 
by his letters patents, under the great seal of England, bearing 
date at Westminster the fourth day of March, in the fourth year 
of his reign, for the consideration therein mentioned, did grant 
and confirm unto the said Sir Henry Koswell, Sir John Young, 
Thomas Southcott, John Humphreys, John Endicott, and Simon 
Whetcombe, and to their associates after named, viz. Sir Richard 
Saltenstall, knight, Isaac Johnson, Samuel Aldersey, John Ven, 
Matthew Craddock, George Harwood, Increase Knowell, Richard 
Perry, Richard Bellingham, Nathaniel Wright, Samuel Vassal, 
Theophilus Eaton, Thomas Goffe, Thomas Adams, John Brown, 
Samuel Brown, Thomas Hutchins, William Vassall, William Pin- 
cheon, and George Foxcroft, their heirs and assigns, all the said 
part of New-England, in America, lying and extending between 
the bounds and limits in the said indenture expressed, and all 
lands and grounds, place and places, soils, woods, and wood- 
grounds, havens, ports, rivers, waters, mines, minerals, jurisdic- 
tions, rights, royalties, liberties, freedoms, immunities, privileges, 
franchises, preheminences, and hereditaments whatsoever, bar- 
gained, sold, enfeoffed, and confirmed, or mentioned or intended to 
be given, granted, bargained, sold, enfeoffed, aliened, and confirmed 
to them the said Sir Henry Roswell, Sir John Young, Thomas 
Southcott, John Humphreys, John Endicott, and Simon Whet- 
combe, their heirs and assigns, and to their associates, for ever, by 
the said recited indenture. To have and to hold the said part of 
New-England, in America, and other the premisses thereby men- 
tioned to be granted and confirmed, and every part and parcel 
thereof, with the appurtenances, to the said Sir Henry Roswell, 
&c, their heirs and assigns, for ever, to their only proper and 
absolute use and behoof, for evermore; to be holden of our said 
royal grandfather, his heirs and successors, as of his manor of 
East-Greenwich aforesaid, in free and common soccage, and not 
in capite, nor by knights service; and also yielding and paying 
therefore, to our said royal grandfather, his heirs and successors, 
the fifth part only of all the ore of gold and silver which, from 
time to time, and at all times after, should be there gotten, had, 
or obtained, for all services, exactions, and demands whatsoever, 
according to the tenor and reservation in the said recited inden- 
ture expressed. And further, our said royal grandfather, by the 
said letters patents, did give and grant unto the said Sir Henry 
Roswell, &c, their heirs and assigns, all that said part of New- 
England, in America, which lies and extends between a great 
river there, commonly called Monomack, alias Merimack river, 
and a certain other river there, called Charles River, being in the 



72 CHARTERS OF THE NEW-ENGLAND STATES. 

bottom of a certain Bay there, commonly called Massachusets, 
alias Mattachusetts, alias Massatusetts Bay; and also all and sin- 
gular those lands and hereditaments whatsoever, lying within the 
space of three English miles, on the south part of the said river, 
called Charles River, or of any or every part thereof. And also, 
all and singular the lands and hereditaments whatsoever, lying 
and being within the space of three English miles to the south- 
ward of the southermost part of the said bay called Massachusets, 
alias Mattachusetts, alias Massatusetts Bay. And also, all those 
lands and hereditaments whatsoever, which lie and be within the 
space of three English miles to the northward of the said river 
called Monomack, alias Merimack, or to the northward of any 
and every part thereof, and all lands and hereditaments whatso- 
ever, lying within the limits aforesaid, north and south, in latitude, 
and in breadth, and in length, and longitude, of and within all the 
breadth aforesaid throughout the main lands there, from the At- 
lantic or Western Sea and Ocean on the east part to the South Sea 
on the west part; and all lands, grounds, place and places, soils, 
woods, and woodlands, havens, ports, rivers, waters, and heredi- 
taments whatsoever, lying within the said bounds and limits, and 
every part and parcel thereof. And also all islands in America 
aforesaid, in the said seas, or either of them, on the western or 
eastern coasts or parts of the said "tracts of lands, thereby men- 
tioned to be given and granted, or any of them; and all mines 
and minerals, as well royal mines of gold and silver, as other 
mines and minerals whatsoever, in the said lands and premisses, 
or any part thereof ; and free liberty of fishing in or within any 
of the rivers or waters within the bounds and limits aforesaid, and 
the seas thereunto adjoining; all fishes, royal fishes, whales, 
balene, sturgeon, and other fishes of what kind or nature soever, 
that should at any time thereafter be taken in or within the said 
seas or waters, or any of them, by the said Henry Roswell, &c, 
their heirs or assigns, or by any other person or persons 
whatsoever, there inhabiting, by them, or any of them, to 
be appointed to fish therein. Provided always, that if the 
said lands, islands, or any the premisses before-mentioned, 
and by the said letters patents last mentioned, intended and 
meant to be granted, were, at the time of the granting of the said 
former letters patents, dated the third day of November, in the 
eighteenth year of the reign of his late Majesty King James the 
First, actually possessed or inhabited by any other christian prince 
or state, or were within the bounds, limits, or territories of the 
said southern colony, then before granted by the said King, to be 
planted by divers of his loving subjects in the south parts of Ame- 
rica, That then the said grant of our said royal grandfather 
should not extend to any such parts or parcels thereof, so formerly 
inhabited, or lying within the bounds of the southern plantation 
as aforesaid; but as to those parts or parcels, so possessed or inha- 
bited by any such Christian prince or state, or being within the 
boundaries aforesaid, should be utterly void. To have and to hold, 
possess and enjoy, the said parts of New- England, in America, 
which lie, extend, and are abutted, as aforesaid, and every part 



MASSACHUSETTS SECOND CHARTER. 73 

and parcel thereof; and all the islands, rivers, ports, havens, wat er, 
fishings, fishes, mines, minerals, jurisdictions, franchises, royalti es 
liberties, privileges, commodities, and premisses whatsoever, with 
the appurtenances, unto the said Sir Henry Koswell, ho,., their 
heirs and assigns, for ever; to the only proper and absolute use 
and behoof of the said Sir Henry Roswell, <fcc, their heirs and 
assigns, for evermore, to be holden of our said royal grandfather, his 
heirs and successors, as of his manor of East-Greenwich, in the 
county of Kent, within the realm of England, in free and common 
soccage, and not in capite, nor by knights service; and also 
yielding and paying therefore, to our said royal grandfather, his 
heirs and successors, the fifth part only of all the ore of gold and 
silver, which, from time to time, and at all times hereafter, should 
be gotten, had, or obtained, for all services, exactions, and demands 
whatsoever. Provided always, and his Majesty's express will and 
meaning was, That only that one fifth part of all the gold and 
silver ore abovementioned, in the whole, and no more, should be 
answered, reserved, or payable unto our said royal grandfather, his 
heirs and successors, by colour or virtue of the said last mentioned 
letters patents, the double reservations, or recitals aforesaid, or any 
thing therein contained notwithstanding. And to the end that the 
affairs and business which, from time to time, should happen and 
arise concerning the said lands, and the plantations of the same, 
might be the better managed and ordered, and for the good govern- 
ment thereof, our said royal grandfather, King Charles the First, 
did, by his said letters patents, create and make the said Sir 
Henry Roswell, &c, and all such others as should thereafter be 
admitted and made free of the company and society therein after Body corpo 
mentioned, one body corporate and politic in fact and name, by the rate, 
name of the Governor and Company of the Massachusetts Bay, in 
New-England; and did grant unto them and their successors, 
divers powers, liberties, and privileges, as in and by the said let- 
ters patents may more fully and at large appear. And whereas 
the said governor and company of the Massachusetts Bay, in New- 
England, by virtue of the said letters patents, did settle a colony 
of the English in the said parts of America, and divers good 
subjects of this kingdom, encouraged and invited by the said 
letters patents, did transport themselves and their effects into 
the same, whereby the said plantation did become very populous, 
and divers counties, towns, and places, were created, erected, made, 
and set forth, or designed within the said parts of America by 
the said governor and company, for the time being. And 
whereas, in the term of the Holy Trinity, in the thirty-sixth year 
of the reign of our dearest uncle King Charles the Second, a The first 
judgment was given in our court of chancery then sitting at West- ^Sn) ^X 
minster, upon a writ of scire facias brought and prosecuted in the judgment in 
said court against the governor and company of the Massachusetts chancery, 
Bay, in New England ; and that the said letters patent of our anno UM ' 
said royal grandfather, King Charles the First, bearing date at 
Westminster, the fourth day of March, in the fourth year of his 
reign, made and granted to the said governor and company of 
the Massachusetts Bay, in New-England, and the enrollment of 



74 CHARTERS OF THE NEW-ENGLAND STATES. 

the same, should be cancelled, vacated, and annihilated, and should 
be brought into the said court to be canceled, (as in and by the 
said judgment, remaining upon record in the said court, doth 
The agents more at large appear.) And whereas several persons employed 
lony pet£" as a 8' ents m behalf of our said colony of the Massachusetts Bay, 
tioned to be in New-England, have made their humble application unto us, 
reincorpo- that we would be graciously pleased, by our royal charter, to in- 
formeriy. corporate our subjects in our said colony, and to grant and con- 
firm unto them such powers, privileges, and franchises, as in our 
royal wisdom should be thought most conducing to our interest 
and service, and to the welfare and happy state of our subjects in 
New-England. And we being graciously pleased to gratifie our 
said subjects; and also to the end our good subjects within our 
colony of New- Plymouth, in New-England aforesaid, may be 
brought under such a form of government, as may put them in a 
better condition of defence ; and considering as well the granting 
unto them, as unto our subjects in the said colony of the Massa- 
chusetts Bay, our royal charter, with reasonable powers and pri- 
vileges, will much tend, not only to the safety but to the flourish- 
ing estate of our subjects in the said parts of New-England, and 
also to the advancing of the ends for which the said plantations 
were at first encouraged, of our special grace, certain knowledge, 
and mere motion, have willed and ordained, and we do by these 
The Massa- presents, for us, our heirs and successors, will and ordain/That the 
chusetts, territories and colonies commonly called and known by the names of 
and the pro- the colony of the Massachusetts Bay, and colony of New- Plymouth, 
vince of the province of Main, the territory called Accada, or Nova Scotia ; 
Scotia uni? anc ^ a ^ *^ a * tract of land lying between the said territories of Nova 
ted, a nd Scotia, and the said province of Main, be erected, united, and incor- 
made one porated : and we do by these presents unite, erect, and incorporate 
province. ^ game -^ one rea j p r0 yi nce ^ ^y the name of our province of 
the Massachusetts Bay, in New-England ; ,and of our especial 
grace, certain knowledge, and mere motion, we have given and 
granted, and by these presents, for us, our heirs and successors, 
do give and grant, unto our good subjects the inhabitants of our 
The extent sa id province or territory of the Massachusetts Bay, and their suc- 
ofthat^ro- cessors, all that part of New-England, in America, lying and extend- 
vince. ing from the great river commonly called Monomack, alias Meri- 

mack, on the north part, and from three miles northward of the 
said river to the Atlantick or Western Sea or Ocean on the South 
part, and all the lands and hereditaments whatsoever, lying within 
the limits aforesaid, and extending as far as the outermost points 
or promontories of land called Cape-Cod, and Cape -Malabar, 
north and south, and in latitude, breadth, and in leugth, and 
longitude, of and within all the breadth and compass aforesaid, 
throughout the main land there, from the said Atlantic or Western 
Sea and Ocean, on the east part, towards the South Sea, or West- 
ward, as far as our colonies of Rhode-Island, Connecticut, and the 
Narraganset country. And also, all that part and portion of 
main land, beginning at the entrance of Piscataway Harbour, 
and so to pass up the same into the river of Newichwannock, 
and through the same into the furthest head thereof, and from 



MASSACHUSETTS SECOND CHARTEE., 75 

thence north-westward ; till one hundred and twenty miles be 
finished, and from. Piscataway Harbour's mouth aforesaid, north- 
eastward along the sea coast to Sagadahock, and from the period 
of one hundred and twenty miles aforesaid, to cross over land to 
the one hundred and twenty miles before reckoned up, into the 
land from Piscataway harbour through Newichwannock river ; 
and also, the north half of the isles of Shoals, together with the 

i isles of Capawock, and Nantuckett near Cape-Cod aforesaid ; and # 
also the lands and hereditaments lying and being in the country 
or territory, commonly called Accada, or Nova Scotia ; and all 
those lands and hereditaments lying and extending between the 
said country or territory of Nova Scotia ; and the said river of 
Sagadahock, or any part thereof ; and all lands, grounds, places, 
soils, woods, and wood-grounds, havens, ports, rivers, waters, 
and other hereditaments and premisses whatsoever, lying within 
the said bounds and limits aforesaid, and every part and 
parcel thereof. And also, all islands and islets lying within All mines 
ten leagues directly opposite to the main land, within the ^ ^^ t " ed 

\ said bounds ; and all mines and minerals, as well royal to the inha- 
mines of gold and silver, as other mines and minerals what- bitants and 
soever in the said lands and premisses, or any part thereof. ^ succes " 
^ To have and to hold the said territories, tracts, countries, lands, 
hereditaments, and all and singular other the premisses, with their 
and every of their appurtenances, to our said subjects the inhabi- 
tants of our said province of the Massachussetts Bay in New- 
England, and their successors, to their only proper use and 
behoof, for evermore: to be holden of us, our heirs and successors, 
as of our manor of East-Greenwich, in the county of Kent, by 
fealty only in free and common soccage: yielding and paying there- Saving one 
fore yearly, to us, our heirs, and successors, the fifth part of all ^nd silver 1 
gold and silver ore, and precious stones, which shall, from time ore, &c. 
to time, and at all times hereafter, happen to be found, gotten, 
had and obtained in any of the said lands and premisses, or within 
any part thereof, y Provided nevertheless, and we do for us, our 
heirs and successors, grant and ordain, That all and every such All lands, 
lands, tenements, and hereditaments, and all other estates, which heredlt ^- 

,,.,.. ments, &c. 

any person or persons, or bodies politic or corporate, towns, formerly 
villages, colleges, or schools, do hold and enjoy, or ought to hold granted to 
and enjoy, within the bounds aforesaid, by or under any grant or JjJJJJJJJj 
estate, duly made or granted by any general court formerly held, school of 
or by virtue of letters patents herein before recited, or by any leax B ing \ 
other lawful right or title whatsoever, shall be, by such person 
and persons, bodies politic and corporate, towns, villages, colleges, 
or schools, their respective heirs, successors, and assigns, for ever 
hereafter held and enjoyed, according to the purport and intent of 
such respective grant, under and subject nevertheless, to the rents 
and services thereby reserved, or made payable, any matter or 
thing whatsoever to the contrary notwithstanding. And pro- Saving for 
vided also, That nothing herein contained shall extend, or be j^"^^" 
understood or taken to impeach or prejudice any right, title, 
interest, or demand, which Samuel Allen,* of London, merchant, 

* As to who Samuel Allen was, and what his claim implied, see Belknap. 



ib CHARTERS OF THE NEW-ENGLAND STATES. 

claiming from and under John Mason, Esq., deceased, or any- 
other person or persons, hath or have, or claimeth, or claim, to 
have, hold, or enjoy, of, into, or out of any part or parts of the 
premisses, situate within the limits above-mentioned; but that 
the said Samuel Allen, and all and every such person and persons, 
may and shall have, hold, and enjoy, the same, in such manner 
(and no other than) as if these presents had not been or made. 
Grants or It being our further will and pleasure, That no grants or convey- 
ances not ances 0I " an y lands, tenements, or hereditaments, to any towns, 
prejudiced colleges, schools of learning, or to any private person or persons, 
for want of s h a ll be judged or taken to be avoided or prejudiced, for or by 
reason of any want or defect of form, but that the same stand and 
remain of force, and be maintained and adjudged, and have effect 
in such manner as the same should or ought, before the time of 
the said recited judgment, according to the laws and rules then 
The gover- and there usually practised and allowed. And w r e do further, for 
nor's council USj our h e i rs ano l successors, will, establish, and ordain, That from 
2s assist- henceforth for ever, there shall be one governor, one lieutenant 
ants. or deputy-governor, and one secretary of our said province or 

territory, to be, from time to time, appointed and commissionated 
by us, our heirs and successors, and eight-and-twenty assistants 
or councillors, to be advising and assisting to the governor of our 
said province or territory, for the time being, as by these presents 
is hereafter directed and appointed; which said councillors, or assis- 
tants, are to be constituted, elected, and chosen in such form and 
manner as hereafter in these presents is expressed. And for 
the better execution of our royal pleasure and grant in this 
behalf, we do, by these presents, for us, our heirs and successors, 
nominate, ordain, make, and constitute, our trusty and well-beloved 
The names Simon Broadstreet, John Eichards, Nathaniel Saltenstall, Wait 
unts 6 aSSiS " Wintnro P> Jonn Phillips, James Russel, Samuel Sewall, Samuel 
Appleton, Bartholomew Gedney, John Hathorn, Elishah Hutchin- 
son, Robert Pike, Jonathan Corwin, John Jolliffe, Adam Win- 
throp, Richard Middlecot, John Forster, Peter Serjeant, Joseph 
Lynd, Samuel Heyman, Stephen Mason, Thomas Hinkley, 
William Bradford, John Walley, Barnabas Lothrop, Job Alcot, 
Samuel Daniel, and Sylvanus Davis, Esqrs., the first and present 
To continue councillors or assistants of our said province, to continue in their 
1693 and' sa ^ respective offices of trusts, of councillors or assistants, until 
until' others the last Wednesday in May, which shall be in the year of our Lord 
are chosen one thousand, six hundred, and ninety-three, and until other 
sembly. aS ~ councillors or assistants shall be chosen and appointed in their 
stead, in such manner as in these presents is expressed. And we 
do further, by these presents, constitute and appoint our trusty 
and well-beloved Isaac Addington, Esq., to be our first and present 
secretary of our said province, during our pleasure. And our will 
The gover- and pleasure is, That the governor of our said province, for the 
nor with 7 time being, shall have authority from time to time, at his discretion, 
tea council! to assemble and call together the councillors, or assistants, of our 
said province, forthe time being; and that the said governor, with the 
said assistants, or councillors, or seven of them at the least, shall and 
may, from time to time, hold and keep a council for the ordering and 



MASSACHUSETTS SECOND CHAETER. 77 

directing the affairs of our said province. And further, we will, and 
by these presents, for us, our heirs and successors, do ordain and 
grant, That there shall and may be convened, held, and kept by A general 
the governor, for the time being, upon every last Wednesday in ^"^{J t0 
the month of May, every year for ever, and at all such other ^ e held 
times as the governour of our said province shall think fit and the last 
appoint, a great and general court or assembly; which said great ^MaTor 7 
and general court or assembly shall consist of the governor and oftener,' 
council, or assistants, for the time being, and of such freeholders ever 7 y ear - 
of our said province or territory, as shall be, from time to time, 
elected or deputed by the major part of the freeholders, and other 
inhabitants of the respective towns and places, who shall be pre- 
sent at such elections; each of the said towns and places being Tw0 asgem . 
hereby impowered to elect and depute two persons, and no more, biy men to 
to serve for, and represent them respectively in the said great £ e J? os ~ n 
and general court, or assembly. To which great or general court, holders in 
or assembly, to be held, as aforesaid, we do hereby, for us, our every town, 
heirs and successors, give and grant full power and authority, 
from time to time, to direct, appoint, and declare what numbear 
each county, town, and place shall elect and depute to serve for, 
and represent them respectively in the said great and general 
court or assembly. Provided always, that no freeholder, or other 
person, shall have a vote in the election of members to serve in 
any great and general court, or assembly, to be held as afore- 
said, who, at the time of such election, shall not have an estate 
of freehold, in land, within our said province or territory, to the 
value of forty shillings per annum, at the least, or other estate to 
the value of fifty pounds sterling; and that every person who 
shall be so elected, shall, before he sit or act in the said great and 
general court or assembly, take the oaths mentioned in an act 
of parliament, made in the first year of our reign, intituled, An 
act for abrogating of the oaths of allegiance and supremacy, and 
appointing other oaths, and thereby appointed to be taken instead 
of the oaths of allegiance and supremacy; and shall make, repeat, 
and subscribe the declaration mentioned in the said act, before 
the governor, or lieutenant, or deputy governor, or any two of 
the assistants for the time being, who shall be thereunto autho- 
rised and appointed by our said governor: and that the governor, The gover- 
for the time being, shall have full power and ' authority, from nor has 
time to time, as he shall judge necessary, to adjourn, prorogue, adjourn* 
and dissolve all great and general courts, or assemblies, met or prorogue, 
convened, as aforesaid. And our will and pleasure is, and we do and dissolv& 
hereby, for us, our heirs and successors, grant, establish, and D i y assem " 
ordain, That yearly, once in every year, for ever hereafter, the 
aforesaid number of eight-and-twenty councillors, or assistants, 
shall be by the general court or assembly, newly chosen; that is 
to say, eighteen at least of the inhabitants of, or proprietors of The gover- 
lands, within the territory formerly called the colony of the Mas- n . or ' s coun " 
sachusetts Bay, and four at least of the inhabitants of, or pro- ^habitants 6 
prietors of lands within the territory formerly called New-Ply- or proprie- 
mouth, and three at the least of the inhabitants of, or proprietors * or l ° f land 
of land within the territory formerly called the province of Main, .England. 



78 CHARTERS OF THE NEW-ENGLAKD STATES. 

and one at the least of the inhabitants of, or proprietors of land 
within the territory lying between the river of Sagadahock and 
Nova Scotia : and that the said councillors, or assistants, or any 
of them, shall or may, at any time hereafter, be removed and 
displaced from their respective places or trust of councillors or 
assistants, by any great or general court or assembly; and that 
if any of the said councillors, or assistants, shall happen to die, 
or be removed, as aforesaid, before the general day of election, 
that then, and in every such case, the great and general court 
or assembly, at their first sitting, may proceed to a new election 
of one or more councillors, or assistants, in the room or place 
of such councillors or assistants, so dying or removed. And we 
Judges, do further grant and ordain, That it shall and may be lawful for 
sheriffs, £h e $%{& governor, with the advice and consent of the council, or 
tobeap- " assistants, from time to time, to nominate and appoint judges, 
pointed commissioners of oyer and terminer, sheriffs, provosts, marshals, 
with the justices of the peace, and other officers, to our council and courts 
the gover- of justice belonging. Provided alway, That no such nomination 
nor's coun- or appointment of officers be made without notice first given, or 
summons issued out seven days before such nomination or ap- 
pointment, unto such of the said councillors, or assistants, as 
shall be at that time residing within our said province. And 
What oaths our will and pleasure is, That the governor, and lieutenant or 
are to be deputy governor, and councillors, or assistants, for the time 
being, and all other officers to be appointed or chosen, as afore- 
said, shall, before the undertaking the execution of their offices 
and places respectively, take their several and respective oaths 
for the due and faithful performance of their duties in their 
several and respective offices and places; as also the oaths 
appointed by the said act of parliament, made in the first 
year of our reign, to be taken instead of the oaths of allegi- 
ance and supremacy, and shall make, repeat, and subscribe 
the declaration mentioned in the said act, before such person or 
persons, as are by these presents herein after appointed ; that is 
to say, The governor of our said province or territory, for the 
time being, shall take the said oaths, and make, repeat, and sub- 
scribe the declaration before the lieutenant, or deputy governor, 
or, in his absence, before any two or more of the said persons 
hereby nominated and appointed, the present councillors, or 
assistants of our said province or territory, to whom we do, by 
these presents, give full power and authority to give and ad- 
minister the same to our said governor accordingly. And after 
our said governor shall be sworn, and shall have subscribed the 
said declaration, that then our lieutenant, or deputy governor for 
the time being, and the councillors, or assistants, before by these 
presents nominated and appointed, shall take the said oaths, and 
make, repeat, and subscribe the said declaration before our said 
governor : and that every such person or persons as shall (at any 
time of the annual elections, or otherwise upon death or removal) 
be appointed to be the new councillor, or assistants, and all other 
officers to be hereafter chosen, from time to time, shall take the 
oaths to their respective offices and places belonging, and also the 



MASSACHUSETTS SECOND CHARTER. 79 

said oaths appointed by the said act of parliament to be taken 
instead of the oaths of allegiance and supremacy, and shall make, 
repeat, and subscribe the declaration mentioned in the said act, 
before the governor, or lieutenant governor, or any two or more 
councillors, or assistants, or such other person or persons as shall 
be appointed thereunto, by the governor for the time being; to 
whom we do, therefore, by these presents, give full power and 
authority, from time to time, to give and administer the same 
respectively, according to our true meaning herein before declared, 
without any commission or further warrant, to be had and ob- 
tained from us, our heirs and successors, in that behalf. And our 
will and pleasure is, and we do hereby require and command, 
That all and every person and persons hereafter by us, our heirs The king 
and successors, nominated and appointed to the respective offices reserves to 
of governor, or lieutenant or deputy governor, and secretary of power t0 
our said province or territory (which said governor, or lieutenant appoint the 
or deputy governor, and secretary of our said province or terri- §g V JJJ ^_ 
tory, for the time being, we do hereby reserve full power and vernor, and 
authority to us, our heirs and successors, to nominate and appoint secretary, 
accordingly) shall, before he or they be admitted to the execution 
of their respective offices, take as well the oath for the due and 
faithful performance of the said offices respectively, as also the 
oaths appointed by the said act of parliament, made in the said 
first year of our reign, to be taken instead of the said oaths of 
allegiance and supremacy, and shall also make, repeat and sub- 
scribe the declaration appointed by the said act, in such manner, 
and before such persons as aforesaid. And further, our will and 
pleasure is, and we do hereby, for us, our heirs and successors, 
grant, establish, and ordain, That all and every of the subjects Persons 
of us, our heirs and successors, which shall go to, and inhabit ^iTian^tcT 
within our said province or territory, and every of their children have the 
which shall happen to be born there, or on the seas in going privileges 
thither, or returning from thence, shall have and enjoy all liberties greets of 
and immunities of free and natural subjects within any of the England, 
dominions of us, our heirs and successors, to all intents, con- 
structions, and purposes whatsoever, as if they and every of them 
were born within this our realm of England. And for the greater 
ease and encouragement of our loving subjects, inhabiting our 
said province or territory of the Massachusetts Bay, and of such 
as shall come to inhabit there, we do by these presents, for us, our 
heirs and successors, grant, establish, and ordain, That, for ever Liberty of 
hereafter, there shall be a liberty of conscience allowed in the JJ 01 ^ 016110 ^ 
worship of God to all Christians (except papists) inhabiting, or e d to all 
which shall inhabit, or be resident within our said province or christians, 
territory. But we do hereby grant and ordain, that the governor, ^t^ Pa " 
or lieutenant, or deputy governor of our said province or territory, 
for the time being, or either of them, or any two or more of the 
council or assistants, for the time being, as shall be thereunto ap- 
pointed by the said governor, shall and may, at all times, and 
from time to time hereafter, have full power and authority to 
administer and give the oaths appointed by the said act of par- 
liament, made in the first year of our reign, to be taken instead 



80 



CHARTERS OF THE NEW-ENGLAND STATES. 



whether 
real, per- 
sonal, or 
mixt. 



of the oaths of allegiance and supremacy, to all and every person 
and persons which are now inhabiting, or residing within our said 
province or territory, or which shall at any time or times here- 
The general after go or pass thither. And we do, of our further grace, 
cour * r has certain knowledge, and mere motion, grant, establish, and ordain, 
erect judica- for us, our heirs and successors, That the great and general 
tories, to court, or assembly, of our said province or territory, for the 
determine ^ me Dem &? convened as aforesaid, shall for ever have full power 
all manner and authority to erect and constitute judicatories, and courts 
of crimes, f record, or other courts, to be held in the name of us, 
not; 1 capital; our ne i rs an d successors, for the hearing, trying, and deter- 
and pleas, mining of all and all manner of crimes, offences, pleas, pro- 
cesses, plaints, actions, matters, causes, and things whatsoever, 
arising or happening within our said province or terri- 
tory, or between persons inhabiting or residing there, whether 
the same be criminal or civil, and whether the said crimes be 
capital or not capital, and whether the said pleas be real, personal, 
or mixt; and for the awarding and making out of execution 
thereupon: to which courts, and judicatories, we do hereby, for 
us, our heirs and successors, give and grant full power and autho- 
rity, from time to time, to administer oaths, for the better dis- 
covery of truth, in any matter of controversie, or depending before 
them. /And we do, for us, our heirs, and successors, grant, 
establish, and ordain, That the governor of our said province or 
territory, for the time being, with the council or assistants, may 
do, execute, or perform, all that is necessary for the probate of 
Wills. wills, and granting of administrations, for, touching, or concern- 

ing any interest or estate, which any person or persons shall have 
within our said province or territory. / And whereas we judge it 
necessary, that all our subjects should have liberty to appeal to 
us, our heirs, and successors, in cases that may deserve the same, 
Appeals to we d°> by these presents, ordain, That in case either party shall 
the King in not rest satisfied with the judgment or sentence of any judica- 
someperso- Tories, or courts within our said province or territory, in any 
personal action, wherein the matter in difference doth exceed the 
value of three hundred pounds sterling, that then he or they may 
appeal to us, our heirs, and successors, in our or their privy 
council: provided, that such appeal be made within fourteen days 
after the sentence or judgment given; and that before such appeal 
be allowed, security be given by the party or parties appealing, in 
value of the matter in difference, to pay or answer the debt or 
damages, for the which judgment or sentence is given, with such 
costs and damages as shall be awarded by us, our heirs, or suc- 
cessors, in case the judgment or sentence be affirmed. And pro- 
vided also, That no execution shall be staid or suspended, by 
reason of such appeal unto us, our heirs, and successors, in our or 
their privy council, so as the party suing or taking out execution, 
do in the like manner give security, to the value of the matter in 
difference, to make restitution, in case the said judgment or sen- 
The general tence be reversed or annulled upon the said appeal. And Ave do 
court has further, for us, our heirs, and successors, give and grant to the 
said governor, and the great and general court or assembly of our 



Execution 
not to be 
staid. 



power to 



MASSACHUSETTS SECOND CHARTER. 81 

said province or territory, for the time being, full power and make laws, 
authority, from time to time, to make, ordain, and establish all £ant to^the 
manner of wholesome and reasonable orders, laws, statutes, and laws of 
ordinances, directions, and instructions, either with penalties or England, 
without (so as the same be not repugnant or contrary to the laws 
of this our realm of England) as they shall judge to be for the 
good and welfare of our said province or territory, and for the 
government and ordering thereof, and of the people inhabiting, 
or who shall inhabit the same, and for the necessary support and 
defence of the government thereof. And we do for us, our heirs, 
and successors, give and grant, that the said general court, or 
assembly, shall have full power and authority to name and settle To name 
annually, all civil officers within the said province, such officers and se ^ Ie 
excepted, the election and constitution of whom we have, by these except, &c. ' 
presents, reserved to us, our heirs, and successors, or to the 
governors of our said province for the time being; and to set forth 
the several duties, powers, and limits of every such officer, to be 
appointed by the said general court or assembly; and the forms 
of such oaths, not repugnant to the laws and statutes of this our 
realm of England, as shall be respectively administered unto them 
for the execution of their several offices and places; and also, ib 
impose fines, mulcts, imprisonments, and other punishments; *und Power to im- 
to impose and levy proportionable and reasonable assessments, P° se taxes 
rates, and taxes, upon the estates and persons of all and every inhabitants, 
the proprietors or inhabitants of our said province or territory, to be dispos- 
to be issued and disposed of by warrant, under the hand of the ®f *>y war - 

c • -l • *» t • i • \ - • rant from 

governor ot our said province, lor the time being, with the advice the gover- 
and consent of the council, for our service in the necessary defence nor and 
and support of our government of our said province or territory, ^"oSingto 
and the protection and preservation of the inhabitants there, such acts as 
according to such acts as are, or shall be in force within our ^ ha . n then 
said province;/and to dispose of matters and things, whereby 
our subjects, inhabitants of our said province, may be religiously, 
peaceably, and civilly governed, protected, and defended, so as 
their good life and orderly conversation may win the Indians, The conver- 
natives of the country, to the knowledge and obedience J££ of * J e 
of the only true God and Saviour of mankind, and the be endea- 
Christian faith, which his late Majesty, our royal grand- voured. 
father, King Charles the First, in his said letters patents, 
declared was his royal intentions, and the adventurers free 
profession, to be the principal end of the said plantation. 
And for the better securing and maintaining liberty of con- 
science, hereby granted to all persons, at any time, being, 
and residing within our said province or territory, as aforesaid, 
willing, commanding, and requiring, and by these presents, for 
us, our heirs and successors, ordaining and appointing, that all 
such orders, laws, statutes, and ordinances, instructions and direc- 
tions, as shall be so made and published under our seal of our 
said province or territory, shall be carefully and duly observed, 
kept, and performed, and put in execution, according to the true 
intent and meaning of these presents. Provided always, and we 
do by these presents, for us, our heirs and successors, establish 

G 



82 CHARTERS OF THE NEW-ENGLAND STATES. 

The gover- and ordain, That in the framing and passing of all such orders, 
nor to have j awS) statutes, and ordinances, and in all elections and acts of 
on the acts government whatsoever, to be passed, made, or done by the said 
of the gene- general court, or assembly, or council, the governor of our said 
rai assembly p rov i nce or territory of the Massachusetts Bay, in New-England, 
for the time being, shall have the negative voice ; and that with- 
out his consent or approbation, signified and declared in writing, 
no such orders, laws, statutes, ordinances, elections, or other acts 
of government whatsoever, so to be made, passed, or done by the 
said general assembly, or in council, shall be of any force, effect, 
or validity, any thing herein contained to the contrary, in any 
wise, notwithstanding. And we do, for us, our heirs and succes- 
Laws to be sors, establish and ordain, That the said orders, laws, statutes, and 
landfor'th" 0r ^ mances j ^ e ? by the first opportunity after the making thereof, 
royal appro- sent or transmitted unto us, our heirs and successors, under the 
bation. publick seal, to be appointed by us, for our or their approbation 
or disallowance ; and that in case all or any of them shall, at any 
time within the space of three years next after the same shall 
have been presented to us, our heirs and successors, in our or 
their privy council, be disallowed and rejected, and so signified by 
us, our heirs and successors, under our or their sign manuel and 
signet, or by order in our or their privy council, unto the governor 
for the time being, then such and so many of them as shall be so 
disallowed and rejected, shall thenceforth cease and determine, 
if not disal- anc [ become utterly void and of none effect. Provided always, 
inT years," * na * m case we > our ne i rs or successors, shall not, within the term 
to be in ' of three years after the presenting of such orders, laws, statutes, 
force until or ordinances, as aforesaid, signifie our or their disallowance of 
the^ssem- 7 the same, then the said orders, laws, statutes, or ordinances, shall 
bly. be and continue in full force and effect, according to the true 

intent and meaning of the same, until the expiration thereof, or 
that the same shall be repealed, by ;fcne general assembly of our 
The gene- said province, for the time being. /Provided also, That it shall - 
rai court an( j ma „ De j aw f u i f or the said governor and general assembly, to 

li3.s power * ••• 

to pass any make or pass any grant of lands lying within the bounds of the 
grants of colonies formerly called the colonies of the Massachusetts Bay, 
sachusetts S " anc ^ New-Plymouth, and province of Maine, in such manner as 
Plymouth,' heretofore they might have done, by virtue of any former charter 
or the pro- or letters patents; which grants of lands, within the bounds af ore- 
Maine sa ^> we ^° nereD y will and ordain, to be and continue, for ever, 

of full force and effect, without our further approbation or con- , % 
Grants of sent; /and so as nevertheless,%nd it is our royal will and pleasure, V: ■ 
land be- ^^ no g Tan t or grants of any lands lying or extending from the 
dahock and river of Sagadahock, to the gulph of St. Lawrence and Canada 
St. Law- rivers, and to the main sea northward and eastward, to be made 
havTthe or P as ^ ^y the governor and general assembly of our said province, 
royal appro- be of any force, validity or effect, until we, our heirs and succes- 
bation. sorSj B lia.ll have signified our or their approbation of the same. / 
The gover- And we do, by these presents, for us, our heirs and successors, 
mandthe^" g ran ^ establish, and ordain, That the governor of our said pro- 
militia, vince or territory, for the time being, shall have full power, by 

himself, or by any chief commander, or other officer or officers, to 



MASSACHUSETTS SECOND CHARTER. &6 

be appointed by him, from time to time, to train, instruct, exer- 
cise, and govern the militia there; and for the special defence 
and safety of our said province or territory, to assemble in martial 
array, and put in warlike posture, the inhabitants of our said pro- 
vince or territory, and to lead and conduct them, and with them 
to encounter, expulse, repel, resist, and pursue by force of arms, 
as well by sea as by land, within or without the limits of our said 
province or territory; and also to kill, slay, destroy, and conquer, 
by all fitting ways, enterprizes, and means whatsoever, all and Law mar- 
every such person and persons as shall, at any time hereafter, tiaL 
attempt or enterj3rize the destruction, invasion, detriment, or an- 
noyance of our said province or territory; and use to and exer- 
cise the law martial in time of actual war, invasion, or rebellion, 
as occasion shall necessarily require ; and also, from time to time, 
to erect forts, and to fortifie any place or places within our said 
province or territory, and the same to furnish with all necessary 
ammunition, provision, and stores of war, for offence or defence, 
and to commit, from time to time, the custody and govern- 
ment of the same, to such person or persons as to him 
shall seem meet, and the said forts and fortifications to 
demolish at his pleasure; and to take and surprize, by all ways 
and means whatsoever, all and every such person or persons, with 
their ships, arms, ammunition, and other goods, as shall in a 
hostile manner invade, or attempt the invading, conquering, or 
annoying of our said province or territory. Provided always, 
and we do, by these presents, for us, our heirs and successors, 
grant, establish, and ordain, That the said governor shall not, at Xo persons 
any time hereafter, by virtue of any power hereby granted, or to ^ e d tra ^ s " 
hereafter to be granted to him, transport any of the inhabitants f the pro- 
of our said province or territory, or oblige them to march out of vince with- 
the limits of the same, without their free and voluntary consent, out their 

1 ci i -itf OWn COn * 

or the consent 01 the great and general court or assembly of our sent, 
said province or territory; nor grant commissions for exercising The law 
the law martial upon any the inhabitants of our said province or m <™tiai not 
territory, without the advice and consent of the council, or cuted on ~ 
assistants of the same. Provided in like manner, and we do, by any inhabi- 
these presents, for us, our heirs or successors, constitute and tant \vith- 
ordain, That when, and as often as the governor of our said pro- sent f the 
vince, for the time being, shall happen to die, or to be displaced by council, 
us, our heirs or successors, or be absent from his government, in the ab- 
that then, and in any of the said cases, the lieutenant or deputy sence of the 
governor of our said province, for the time being, shall have full fhe deputy 
power and authority to do and execute all and every such acts, governor to 
matters, and things, which our governor of our said province, for have the 
the time being, might or could, by virtue of these our letters amepow ' 
patents, lawfully do or execute, if he were personally present, 
until the return of the governor so absent, or arrival or constitu- 
tion of such other governor as shall or may be appointed by us, 
our heirs or successors, in his stead : and that when, and as often in the ab- 
as the governor, and lieutenant, or deputy governor of our said sence of 
province or territory, for the time being, shall happen to die, or V grnor ana" 
be displaced by us, our heirs or successors, or be absent from our deputy go- 

G2 



84 CHARTERS OF THE NEW-ENGLAND STATES. 

vernor, the said province, and that there shall be no person within the said 
major part p roV mce commissioned by us, our heirs or successors, to be 
cil to have governor within the same, then, and in every of the said cases, 
their power, the council, or assistants of our said province, shall have full 
power and authority, and we do hereby give and grant unto the 
said council, or assistants of our said province, for the time being, 
or the major part of them, full power and authority to do and 
execute all and every such acts, matters, and things, which the 
said governor, or lieutenant or deputy governor of our said pro- 
vince or territory, for the time being, might or could lawfully do 
or exercise, if they, or either of them, were personally present, 
until the return of the governor, or lieutenant or deputy governor 
so absent, or arrival, or constitution of such other governor, or 
lieutenant or deputy governor, as shall or may be appointed by 
us, our heirs or successors, from time to time. Provided always, 
and it is hereby declared, That nothing herein contained shall 
extend or be taken to erect, or grant, or allow the exercise of any 
Admiralty admiral court, jurisdiction, power, or authority, but that the same 
reserved 1011 sna ^ ^e, anc ^ * s nere ^y reserved to us and our successors, and 
shall, from time to time, be erected, granted, and exercised, by 
virtue of commissions to be issued under the great seal of Eng- 
land, or under the seal of the high admiral, or the commissioners 
for executing the office of high admiral of England. And further, 
our express will and pleasure is, and we do, by these presents, for 
The trade us > our heirs and successors, ordain and appoint, That these our 
of fishing letters patents shall not, in any manner, enure, or be taken to 
^"d^'lT abridge, bar, or hinder any of our loving subjects whatsoever, to 
use and exercise the trade of fishing upon the coasts of New- 
England, but that they, and every of them, shall have full and 
free power and liberty to continue and use the said trade of 
fishing upon the said coasts, in any of the seas thereunto adjoin- 
ing, or any arms of the said seas, or salt-water rivers, where they 
have been wont to fish ; and to build and set upon the lands 
within our said province or colony, lying waste, and not then 
possessed by particular proprietors, such wharfs, stages, and 
work-houses, as shall be necessary for the salting, drying, keeping, 
and packing of their fish, to be taken or gotten upon that coast; 
and to cut down and take such trees, and other materials there 
growing, or being upon any parts or places lying waste, and not 
then in possession of particular proprietors, as shall be needful for 
that purpose, and for all other necessary easements, helps, and 
advantages concerning the said trade of fishing there, in such 
manner and form as they have been heretofore at any time 
accustomed to do, without making any wilful waste or spoil, any 
thing in these presents contained to the contrary notwithstanding. 
Trees fit for^ nc j i as tl Vj f or the better providing and furnishing of masts for 
growing up- our royal navy, we do hereby reserve to us, our heirs and sue- 
on any soil cessors, all trees of the diameter of twenty-four inches and 
parScuiar u P warc k at twelve inches from the ground, growing upon any 
persons, to soil or tract of land within our said province or territory, not 
be preserv- heretofore granted to any private persons ; and we do restrain 
and forbid all persons whatsoever, from felling, cutting, or de- 



NEW HAMPSHIRE AND MAINE. 85 

stroying any such trees, without the royal licence of us, our heirs 
and successors, first had and obtained, upon penalty of forfeiting 
one hundred pounds sterling unto us, our heirs and successors, 
for every such tree so felled, cut, or destroyed, without such 
licence had or obtained in that behalf ; anything in these presents / 
contained to the contrary, in any wise notwithstanding. 

In witness whereof, we have caused these our letters to be 
made patents. Witness ourselves at Westminster, the 
seventh day of October, in the third year of our reign. 

By writ of Privy Seal, 

PIGOT. 



NEW HAMPSHIRE AND MAINE. 

With respect to the other New-England States,, the circumstances 
were these. As to New Hampshire and Maine, they were properly 
offshoots from the mother colony of Massachusetts about the time 
of the formation of the settlement of Rhode Island. These provinces, 
it should be added, had been respectively purchased from the Council 
of Plymouth by Mason and Gorges, who wished to become their 
proprietaries or hereditary chiefs. But they found it impracticable to 
obtain a revenue from the settlers, or to establish the form of 
government they contemplated. On the contrary, the settlers — 
composed partly of adventurers from England, and partly of exiles 
and voluntary emigrants from Massachusetts — framed for themselves 
separate governments, to which, for a few years, they yielded a 
precarious obedience ; till, e wearied with internal disputes and 
divisions, they besought the protection of the general court of Mas- 
sachusetts, and obtained leave to be included within the pale of its 
jurisdiction.'* A controversy at the same time arose between 
Massachusetts and Mason, respecting her right to include New 
Hampshire, but Massachusetts being at that time strong and active, 
succeeded not only in establishing her jurisdiction, but maintained 
it unimpaired for some 40 years. f The controversy was finally 
brought before the King in Council, and in 1679 it was solemnly 
adjudged against the claim of Massachusetts. But as Mason under 
his grant had no right to exercise any powers of government, a 
commission was issued by the Crown for that purpose. By the form 
of government described in the commission, the executive power 
was vested in a President and Council appointed by the Crown, to 
whom also was confided the judiciary power, with an appeal to 
England. The legislative power was entrusted to the President, 
Council, and burgesses or representatives chosen by the towns ; and 

* Grahame, quoting Heal and Hutchinson. 
+ Chalmers' Annals. Hutchinson. Belknap. 






86 CHARTERS OF THE NEW-ENGLAND STATES. 

they were authorized to levy taxes and to make laws for the interest 
of the province, which laws were to stand and be in force until 
changed or totally disallowed by the King. Under this commission 
New Hampshire was governed, till the period of the English Revo- 
lution, as a royal province, and enjoyed the privilege of enacting 
her own laws through the instrumentality of a General Assembly. 
Some alterations were made in the successive commissions, but, 
according to the authority of Mr. Justice Story, none of them made 
any substantive change in the organization of the province. Maine, 
on the other hand, was separated from Massachusetts for a brief 
period, in 1665. But the authority of Massachusetts was speedily 
re-established, and though her claim to a jurisdiction over the 
province was brought before the Privy Council at the same time 
with that of Mason respecting New Hampshire, and was adjudged 
void in 1679, she had previously had the prudence and sagacity, 
in 1677, to purchase the title of Gorges for a trifling sum. e Thus,' 
says Story, 6 to the great disappointment of the Crown, (then in treaty 
for the same object,) she succeeded to it, and held it as a provincial 
dependency until the fall of her own Charter ;' and afterwards (as we 
have seen) it was incorporated with Massachusetts by her second 
Charter of 1691. 



PROPRIETARY CHARTERS. 



MARYLAND, 



The province of Maryland was included originally in the Patent of 
the Southern or Virginian Comparer ; but it was nevertheless 
granted by Charles the First, on the 26th of June, 1632, to Cecilius 
Calvert, Lord Baltimore. The Charter provides that the Proprietary 
shall have authority, by and with the consent of the freemen or their 
delegates assembled for the purpose, to make all laws for the 
province ; ' so that such laws be consonant to reason, and not 
repugnant or contrary, but, as far as conveniently might be, agreeable 
to the laws, statutes, customs, and rights of this our realm of 
England.' The Proprietary is also invested with full executive 
power, and the establishment of Courts of Justice is provided for. 
There is^the usual, but perhaps unnecessary, clause, that the inhabi- 
tants and their children are to enjoy all the rights, immunities, and 
privileges of subjects born in England. The right of the advowsons 
of the churches according to the establishment of England, and the 
right to create Manors and Courts-baron, to confer titles of dignity y 
to erect and incorporate Boroughs and Cities, and to erect ports, 
and other regalities, is expressly given to the Proprietary. An 
exemption of the colonists from all tallages on their goods and 
estates to be imposed by the Crown, is expressly covenanted for in 
perpetuity — an exemption which hitherto, it is deserving of remark, 
had been conferred on other Colonies for years only. Licence is 
granted to all subjects to transport themselves to the province ; and 
its products are to be imported into England and Ireland, under such 
taxes only as are paid by other subjects. The usual powers con- 
tained in the other Charters, to repel invasions, to suppress rebellions, 
&c., are also conferred on the Proprietary. As to this Patent, 
therefore, Chalmers has asserted, with a natural pride, that 
( Maryland has always enjoyed the unrivalled honour of being the 
first Colony which was erected into a province of the English Empire, 
and governed regularly by laws enacted in a provincial legislature.' 
Also it had this peculiarity, that its laws were not made subject to 
the supervision and control of the Crown ; and in this important 
particular it differed from the Proprietary governments of Penn- 



88 PROPRIETARY CHARTERS. 

sylvania and Delaware. Under this Charter, Maryland continued 
to be governed, with some short intervals of interruption, down to 
the period of the American Revolution, by the successors of the 
original Proprietary. . 

It should be added, that, as early as the year 1642, the Burgesses 
elected to the existing Assembly had expressed a desire f that they 
might be separated and sit by themselves, and have a negative.' 
Their proposition was disallowed at that time ; but, in 1650, in 
conformity with it, a law was passed, enacting that members called 
to the Assembly by special writ of the Proprietary, should form the 
Upper House ; and those who were chosen by their fellow-colonists 
should form the Lower House ; and that all Bills approved by the 
two branches of the legislature, and ratified by the Governor, 
should be acknowledged and obeyed as the laws of the province. 
Thus, excepting the substitution of the Governor for the Proprieta^, 
in derogation of the vice-regal power of the latter, Maryland 
possessed a miniature of the English constitution. 



Maryland Charter, granted by King Charles I. to Gecilius, 
Lord Baron of Baltimore. 

[Translated from the Latin original.] 

CHARLES, by the Grace of God, King of England, Scotland, 
France, and Ireland, defender of the faith, &c. To all to 
whom these presents shall come, greeting: Whereas our right 
trusty and well-beloved subject Csecilius Calvert, baron of Balti- 
more, in our kingdom of Ireland, son and heir of Sir George 
Calvert, knight, late baron of Baltimore, in the same kingdom of 
Ireland, pursuing his father's intentions, being excited with a 
laudable and pious zeal for the propagation of the Christian faith, 
and the enlargement of our empire and dominion, hath humbly 
besought leave of us, by his industry and charge, to transport an 
ample colony of the English nation unto a certain country here- 
after described, in the parts of America not yet cultivated and 
planted, though in some parts thereof inhabited by certain 
barbarous people, having no knowledge of Almighty God; and 
hath humbly besought our royal Majesty to give, grant, and con- 
firm the said country, with certain privileges and jurisdictions, 
requisite for the said government and state of his colony and 
country, aforesaid, to him and his heirs for ever. 
Grant. /' Know ye therefore, That we, favouring the pious and noble 

purpose of the said barons of Baltimore, of our special grace, cer- 
tain knowledge, and mere motion, have given, granted, and con- 
firmed, and by this our present charter, for us, our heirs and 
successors, do give, grant, and confirm, unto the said Csecilius, 
now Baron of Baltimore, his heirs and assigns, all that part of a 
Lands peninsula, 'lying in the parts of America, between the ocean on 
granted. the east, and the bay of Chesapeak on the west, and divided from 
i the other part thereof by a right line drawn from the promontory,. 



MARYLAND. 



89 



or cape of land, called Watkin's Point (situate in the aforesaid 
bay, near the river of Wighco) on the west, unto the main ocean 
on the east; and between that bound on the south unto that 
part of Delaware bay on the north, which lieth under the fortieth 
degree of northerly latitude from the equinoctial where New 
England ends ; and all that tract of land between the bounds 
aforesaid ) that is to say, passing from the aforesaid unto the 
aforesaid bay called Delaware bay, in a right line by the degree 
aforesaid, unto the true meridian of the first fountain of the river 
Potowmack, and from thence tending toward the south unto the 
further bank of the aforesaid river, and following the west and 
south side thereof unto a certain place called Cinquack, situate near 
the mouth of the said river, where it falls into the bay of Chesa- 
peak, and from thence by a streight line unto the aforesaid pro- 
montory and place called Watkin's Point (so that all that tract of 
land divided by the line aforesaid, drawn between the main ocean 
and Watkin's Point, unto the promontory called Cape Charles, 
and all its appurtenances, do remain entirely excepted to us, our 
heirs and successors, for ever.) 

We do also grant and confirm unto the said lord Baltimore, his 
heirs and assigns, all islands and islets within the limits aforesaid; 
and all and singular the islands and islets which are or shall be in 
the ocean, within ten leagues from the eastern shore of the said 
country towards the east, with all and singular ports, harbours, 
bays, rivers, and inlets belonging unto the country and islands 
aforesaid; and all the soil, lands, fields, woods, mountains, fens, 
lakes, rivers, bays, and inlets, situate or being within the bounds 
and limits aforesaid ; with the fishing of all sorts of fish, whales, 
sturgeons, and all other royal fishes in the sea, bays, inlets, or 
rivers, within the' premises, and the fish therein taken. And 
moreover, all veins, mines, and quarries, as well discovered as not 
discovered, of gold, silver, gems, and precious stones, and all other 
whatsoever, be it of stones, metals, or of any other thing or matter 
whatsoever, found, or to be found, within the country, isles and 
limits aforesaid. And furthermore the patronages and advowsons Patronage 
of all churches, which (as Christian religion shall increase within ofa11 
the country, isles, islets, and limits aforesaid) shall happen here- ^ithiicence 
after to be erected ; together with licence and power to build and to build 
found churches, chapels, and oratories, in convenient and fit tnem - 
places within the premises, and to cause them to be dedicated and 
consecrated according to the ecclesiastical laws of our kingdom of 
England : together Avith all and singular the like, and as ample Royal 
rights, jurisdictions, privileges, prerogatives, royalties, liberties, ri £> h * s and 
immunities, royal rights and franchises, of what kind soever, tern- ©"th^fame 
poral, as well by sea as by land, within the country, isles, islets, nature and 
and limits aforesaid ; to have, exercise, use and enjoy the same, as +^ tent a ? 
amply as any bishop of Durham, within the bishoprick or county e a by the 
palatine of Durham, in our kingdom of England, hath at any time bishop of 
heretofore had, held, used, or enjoyed, or of right ought or might Durnam - 
have had, held, used, or enjoyed. 

\/And him the said now Lord Baltimore, his heirs and assigns, Savil Jg of 
we do by these presents for us, our heirs, and successors, make, ance rthe 



90 PROPRIETARY CHARTERS. 

inhabitants create, and constitute the true and absolute lords and proprietaries 
*"•* S d Ve ~- °^ ^ ie sa ^ coun ^ r y aforesaid, and of all other the premises, (ex- 
nion of the ce P* before excepted) saving always the faith and allegiance, and 
country. sovereign dominion due unto us, our heirs and successors, To 
Habendum, have, hold, possess, and enjoy the said country, isles, inlets, and 
other the premises, unto the said now Lord Baltimore, his heirs 
and assigns, to the sole and proper use and behoof of him the said 
now Lord Baltimore, his heirs and assigns, for ever. 
Tenendum. To be holdeii of us, our heirs and successors, Kings of England, 
as of our castle of Windsor, in our county of Berks, in free and 
common soccage, by fealty only, for all services, and not in capite, 
or by knights service ; yielding and paying therefore to us, our 
heirs and successors, two Indian arrows of those parts, to be 
delivered at our said castle of Windsor, every year, the Tuesday 
in Easter week, and also the fifth part of all gold and silver ore, 
within the limits aforesaid, which shall, from time to time, happen 
to be found. %/' 
Erection Now, that the said country, thus by us granted and described, 

country 9 ^- may be eminent above all other parts of the said territory, and 
to a pro- dignified with large titles, Know ye, that we, of our further grace, 
vince, by certain knowledge, and mere motion, have thought fit to erect the 
Maryland, same country and islands into a province; as out of the fullness 
of our royal power and prerogative, we do for us, our heirs and 
successors, erect and incorporate them into a province, and do 
call it Maryland, and so from henceforth we will have it called. 
Grant of And forasmuch as we have hereby made and ordained the 

the power aforesaid now Lord Baltimore, the true lord and proprietary of all 
lawsfor the * ne province aforesaid : Know ye, therefore, that we, reposing 
said pro- special trust and confidence in the fidelity, wisdom, justice, and 
I? Ce 'r] b 7 provident circumspection of the said now Lord Baltimore, for us, 
and with our heirs, and successors, do grant free, full, and absolute power, 
the consent by virtue of these presents, to him and his heirs, for the good and 
th tii~ na PPy government of the said country, to ordain, make, enact, and 
of, or their under his and their seals to publish, any laws whatsoever, apper- 
deputies. taining either unto the public state of the said province, or unto 
the private utility of particular persons, according to their best 
discretions, by and with the advice, assent, and approbation of the 
freemen of the said province, or the greater part of them, or of their 
delegates or deputies, whom for the enacting of the said laws, 
And of the when and as often as need shall require, we will, that the said 
P ° We ute < the now -Lord Baltimore, and his heirs, shall assemble in such sort 
said laws, and form as to him and them shall seem best, and the said laws 
and of all duly to execute upon all people within the said province and 
ciafpowers li m i* s thereof, for the time being, or that shall be constituted 
whatsoever, under the government and power of him or them, either sailing 
towards Maryland, or returning from thence towards England, or 
any other of ours or foreign dominions, by imposition of penal- 
ties, imprisonment, or any other punishment : yea, if it shall be 
needful, and that the quality of the offence require it, by taking 
away members or life, either by him the said now Lord Balti- 
more, and his heirs, or by his or their deputies, lieutenants, judges, 
justices, magistrates, officers, and ministers, to be ordained or 



MARYLAND. 91 

appointed, according to the tenor and true intention of these pre- 
sents ; and likewise to appoint and establish any judges, justices, 
magistrates, and officers, whatsoever, at sea and land, for what 
cause soever, and with what power soever, and in such form as to 
the said now Lord Baltimore, or his heirs, shall seem most conve- 
nient; also to remit, release, pardon, and abolish, whether before 
judgment or after, all crimes and offences whatsoever, against the 
said laws, and to do all and every other thing or things, which 
unto the complete establishment of justice unto courts, prsetories, 
and tribunals, forms of judicature, and manners of proceedings, do 
belong, altho' in these presents express mention be not made 
thereof; and by judges by them delegated to award process, hold 
pleas, and determine, in all the said courts and tribunals, all 
actions, suits, and causes whatsoever, as well criminal as civil, 
personal, real, mixt, and prcctoreal, which laws, so, as aforesaid, 
to be published, our pleasure is, and so we enjoin, require, and 
command, shall be most absolute and available in law; and that Proviso that 
all the liege people and subjects of us, our heirs and successors, J^g^jfu 
do observe and keep the same inviolably, in those parts, so far as be conso- 
they concern them, under the pains therein expressed, or to be nant to rea- 
expressed; provided nevertheless, That the said laws be consonant ^"ugnanfc * 
to reason, and be not repugnant or contrary, but, as near as con- to the laws 
veniently may be, agreeable to the laws, statutes, and rights of this of England, 
our kingdom of England. 

And forasmuch as in the government of so great a province, Power in 
sudden accidents do often happen, whereunto it will be necessary certain 
to apply a remedy, before the freeholders of the said province, or m ^ G g ordi . 
their delegates or deputies, can be assembled to the making of nances, not 
laws; neither will it be convenient, that instantly upon every pending 
such emergent occasion, so great a multitude should be called n mb , free- 
together; therefore, for the better government of the said province, hold, or 
we will and ordain, and by these presents, for us, our heirs and {jjJJJJteJJ" 1 
successors, do grant unto the said now Lord Baltimore, and his without'an 
heirs, by themselves, or by their magistrates and officers, in that assembly of 
behalf duly to be ordained, as aforesaid, to make and constitute wl n * eQ ~ 
fit and wholesome ordinances, from time to time, within the said 
province, to be kept and observed, as well for the preservation of 
the peace, as for the better government of the people there in- 
habiting, and publicly to notify the same to all persons whom the 
same doth or may any way concern; which ordinances, our plea- 
sure is, shall be observed inviolably, within the said province, 
under the pains therein to be expressed; so as the said ordinances 
be consonant to reason, and be not repugnant nor contrary, but 
so far as conveniently may be, agreeable to the laws and statutes 
of the kingdom of England; and so as the said ordinances be not 
extended in any sort, to bind, charge, or take away the right or 
interest of any person or persons, or of their life, members, free- 
hold, goods or chattels. 

Furthermore, that this new colony may the more happily en- Licence to 
crease by the multitude of people resorting thither, and may like- SU bj ec ts1n 
wise be the more strongly defended from the incursions of savages, England 
or other enemies, pirates and robbers : therefore we, for us, our and Ireland 



92 PROPRIETARY CHARTERS. 

to go and heirs and successors, do give and grant, by these presents, power, 
settle them- ii cence an( j liberty, unto all the liege people and subjects, both 
selves and ' , J > i - & x i / } .• 

families in present and luture, tor us, our heirs and successors, (excepting 

the said those who shall be specially forbidden) to transport themselves 
province. am j f am iii es un t the said province, with convenient shipping, 
and fitting provisions, and there to settle themselves, dwell and 
inhabit; and to build and fortify castles, forts, and other places of 
strength for the public, and their own private defence, at the ap- 
pointment of the said now Lord Baltimore, and his heirs, the 
statute of fugitives, or any other whatsoever, the contrary of the 
premises, in any wise notwithstanding. 
General de- And we will also, and of our more special grace, for us, our 
2J theset- neu * s an d successors, we do strictly enjoin, constitute, ordain, and 
tiers in the command, That the said province shall be of our allegiance, and 
said pro- that all and singular the subjects and liege people of us, our heirs 
present °and anc * successor s, transported or to be transported into the said pro- 
to come. vince, and the children of them, and of such as shall descend from 
them, there already born, or hereafter to be born, be, and shall 
be denizens and lieges of us, our heirs and successors, of our 
kingdoms of England and Ireland, and be in all things held, 
treated, reputed and esteemed, as the liege faithful people of us, 
our heirs and successors, born within our kingdom of England ; 
and likewise, any lands, tenements, revenues, services and other 
hereditaments whatsoever, within our kingdom of England, and 
other our dominions, may inherit, or otherwise purchase, re- 
ceive, take, have, hold, buy and possess, and them may occupy 
and enjoy, give, sell, alien and bequeath, as likewise all liber- 
ties, franchises and privileges, of this our kingdom of England, 
freely, quietly and peaceably, have and possess, occupy and enjoy, 
as our liege people, born, or to be born, within our said king- 
dom of England, without the let, molestation, vexation, trouble or 
grievance of us, our heirs and successors; any statute, act, ordi- 
nance or provision to the contrary thereof notwithstanding. 
Grant to And furthermore, that our subjects may be the rather en- 

settiera of a coura §' ec ^ to undertake this expedition with ready and chearful 
liberty to minds, know ye, That we, of our special grace, certain know- 
trade to ledge, and mere motion, do give and grant, by virtue of these 
vine? 1 Pr °" P resen t^ as well unto the said now Lord Baltimore, and his 
heirs, as to all others who shall, from time to time, repair unto 
the said country with a purpose to inhabit there, or to trade 
with the natives of the said province, full licence to lade and 
freight in any ports whatsoever, of us, our heirs and successors, 
and into the said province of Maryland, by them, their servants or 
assigns, to transport all and singular their goods, wares, and mer- 
chandizes, as likewise all sorts of grain whatsoever, and all other 
things whatsoever necessary for food or cloathing, not prohibited by 
the laws and statutes of our kingdoms and dominions to be carried 
out of the said kingdoms, any statute, act, ordinance, or other thing- 
whatsoever to the contrary notwithstanding, without any lett or 
molestation of us, our heirs and successors, or of any the heirs of us, 
our heirs and successors ; saving always to us, our heirs and suc- 
cessors, the legal impositions, customs, and other duties and 



MARYLAND. 93 

payments for the said wares and merchandize; any statute, act, 
ordinance, or other thing whatsoever to the contrary notwith- 
standing. 

And because in so remote a country, and situate near so many Grant of a 
barbarous nations, the incursions as well of the savages themselves, power to 
as of other enemies, pirates, and robbers, may probably be feared, a J d mak g 
therefore we have given, and for us, our heirs and successors, do war, and do 
give power, by these presents, unto the said now Lord Baltimore, +w 3 5 ) t J img 
his heirs and assigns, by themselves or their captains, or other to the office 
their officers, to levy, muster, and train all sorts of men, of what of a captain- 
condition or wheresoever born, in the said province of Maryland, f^army - 
for the time being, and to make war, and pursue the enemies and 
robbers aforesaid, as well by sea as by land, yea, even without the 
limits of the said province, and (by God's assistance) to vanquish 
and take them; and being taken, to put them to death, by the law 
of war, or to save them, at their pleasure; and to do all and every 
other thing which unto the charge and office of a captain-general 
of an army belongeth, or hath accustomed to belong, as fully 
and freely as any captain-general of an army hath ever had the 
same. 

Also, our will and pleasure is, and by this our charter, we do and of a 
give unto the said now Lord Baltimore, his heirs and assigns, full f U p press 
power, liberty and authority, in case of rebellion, tumult or sedi- rebellions, 
tion, if any should happen (which God forbid) either upon the andexercise 

1 J 'xl • xl. • • £ 'I xl, ■ • martial la w 

land, within the province aforesaid, or upon the main sea, in upon rebels 
making a voyage thither, or returning from thence by themselves, and deser- 
or their captains, deputies, or other officers, to be authorized under ters ' 
their seals for that purpose, (to whom we also for us, our heirs and 
successors, do give and grant by these presents, full power and 
authority) to exercise martial law against mutinous and seditious 
persons of those parts, such as shall refuse to submit themselves 
to his or their government, or shall refuse to serve in the wars, or 
shall fly to the enemy, or forsake their ensigns, or be loiterers or 
stragglers, or otherwise however offending against the law, custom, 
and discipline military, as freely and in as ample manner and form 
as any captain-general of an army, by virtue of his office, might, 
or hath accustomed to use the same. c 

Furthermore, that the way to honours and dignities may not power to 
seem to be altogether precluded and shut up to men well-born, and confer ho- 
such as shall prepare themselves unto this present plantation, and th^ffi? 
shall desire to deserve well of us and our kingdoms, both in peace and tants of 
war, in so far distant and remote a country: Therefore we, for us, tue s . aicl 
our heirs and successors, do give free and absolute power unto the ^th proper 
said now Lord Baltimore, his heirs and assigns, to confer favours, titles, being 
rewards and honours, upon such inhabitants, within the province °^ her tha ? 
aforesaid, as shall deserve the same, and to invest them with what in England; 
titles and dignities soever as he shall think fit (so as they be not such and to erect 
as are now used in England,) as likewise to erect and incorporate and inc ° r ~ 
towns into boroughs, and boroughs into cities, with convenient roughs and 
privileges and immunities, according to the merit of the inhabi- cities, with 
tants, and fitness of the places; and to do all and every other thing P? culiar P™- 
or things, touching the premises, which to him or them shall immunities. 



94 



Liberty to 
export the 
produce of 
the said pro- 
vince into 
England or 
Ireland, and 
there to 
dispose of 
them ; 

or if they so 
think fit, 
within one 
year after 
they shall 
have unla- 
den them in 
some Eng- 
lish or Irish 
port, to ex- 
port them 
again to any 
other coun- 
try in amity 
with the 
crown of 
England. 
Grant of a 
power to 
erect and 
constitute 
sea-ports 
and other 
places for 
lading and 
unlading 
goods and 
merchan- 
dizes. 



Saving to 
the King's 
subjects re- 
siding in 
England 
and Ireland, 
the liberty 
of fishing 
and drying 
their fish, 
within the 
said pro- 
vince. 



PROPRIETARY CHARTERS. 

seem meet and requisite; albeit they be such as of their owe* 
nature might otherwise require a more special commandment and 
warrant than in these presents is expressed. 

We will also, and by these presents, for us, our heirs and 
successors, do give and grant licence, by this our charter, unto 
the said now Lord Baltimore, his heirs and assigns, and to all 
the inhabitants and dwellers in the said province aforesaid, both 
present and to come, to import, unlade, by themselves or their 
servants, factors or assigns, all merchandizes and goods whatso- 
ever, that shall arise of the fruits and commodities of the said 
province, either by land or sea, into any of the ports of us, our 
heirs and successors, in our kingdoms of England or Ireland, or 
otherwise to dispose of the said goods, in the said ports, and if 
need be, within one year next after the unlading of the same, to 
lade the said merchandizes and goods again, into the same or other 
ships, and to export the same into any other countries, either of 
our dominion or foreign, (being in amity with us, our heirs and 
successors.) Provided always, that they pay such customs, imposi- 
tions, subsidies and duties for the same, to us, our heirs and 
successors, as the rest of our subjects of our kingdom of England, 
for the time being, shall be bound to pay; beyond which, we will 
not that the inhabitants of the aforesaid province of Maryland 
shall be any way charged. 

And furthermore, of our more ample and special grace, certain 
knowledge, and mere motion, we do, for us, our heirs and succes- 
sors, grant unto the said now Lord Baltimore, his heirs and 
assigns, full and absolute power and authority to make, erect, 
and constitute, within the said province of Maryland, and the isles 
and islets aforesaid, such and so many sea-ports, harbours, creeks, 
and other places, for discharging and unlading of goods and mer- 
chandizes out of the ships, boats and other vessels, and lading 
them in such and so many places, and with such rights, juris- 
dictions, and liberties, and privileges unto the said ports belonging, 
as to him or them shall seem most expedient; and that all and 
singular the ships, boats and other vessels, which shall come for 
merchandize and trade into the said province, or out of the same 
shall depart, shall be laden or unladen only at such ports as. shall 
be so erected and constituted by the said now Lord Baltimore, his 
heirs or assigns; any use, custom, or other things to the contrary 
notwithstanding: saving always unto us, our heirs and successors, 
and to all the subjects (of our kingdoms of England and Ireland) 
of us, our heirs and successors, free liberty of fishing for sea fish, 
as well in the sea, bays, inlets, and navigable rivers, as in the 
harbours, bays, and creeks of the province aforesaid, and the 
privileges of salting and drying their fish on the shore of the said 
province, and for the same cause, to cut and take under-wood or 
twigs there growing, and to build cottages and sheds necessary in 
this behalf, as they heretofore have, or might reasonably have 
used; which liberties and privileges, nevertheless, the subjects 
aforesaid of us, our heirs and successors, shall enjoy without any 
notable damage, or injury to be done to the said now Lord Balti- 
more, his heirs or assigns, or to the dwellers and inhabitants of 



MARYLAND. 95 

the said province, in the ports, creeks, and shores aforesaid, and 
especially in the woods and copses growing within the said 
province. And if any shall do any such damage or injury, he 
shall incur the heavy displeasure of us, our heirs and succes- 
sors, the punishment of the laws, and shall moreover make 
satisfaction. 

We do furthermore will, appoint and ordain, and by these Grant of a 
presents, for us, our heirs and successors, we do grant unto the power tore- 
said now Lord Baltimore, his heirs and assigns, that he the said enjoy such 
Lord Baltimore, his heirs and assigns, may from time to time, for customs and 
ever, have and enjoy the customs and subsidies in the ports, har- porjj-djjtjes 
bours, and other creeks and places aforesaid, within the province i mp0 sed by 
aforesaid, payable or due for merchandizes and wares there to be them and 
laded and unladed ; the said customs and subsidies to be reasonably |J e ^f^" 
assessed (upon any occasion) by themselves and the people there, province, 
as aforesaid, to whom we give power, by these presents, for us, 
our heirs and successors, upon just cause, and in a due proportion, 
to assess and impose the same. 

//'And further, of our special grace, and of our certain know- Grant of a 
ledge, and mere motion, we have given and granted, and by these P ower to 
presents, for us, our heirs and successors, do give and grant, unto j n mherit- 
the said now Lord Baltimore, his heirs and assigns, full and abso- ance, to be 
lute power, licence, and authority, that he the said now Lord ^mseives 
Baltimore, his heirs and assigns, from time to time hereafter, for and their 
ever, at his and their will and pleasure, may assign, alien, grant, he } rs ' not - 
demise, or enfeoffe of the premises, so many and such part or w^he^sta- 
parcels to him or them that shall be willing to purchase the same, as tute aula 
they shall think fit ; to have and to hold to them the said person em ptores ter- 
or persons willing to take or purchase the same, their heirs and rarum ' 
assigns, in fee simple, or in fee tail, or for the term of life or lives, 
or years, to be held of the said now Lord Baltimore, his heirs and 
assigns, by such services, customs, and rents, as shall seem fit to the 
said now Lord Baltimore, his heirs and assigns, and not immediately 
of us, our heirs or successors : And to the same person or persons, 
and to all and every of them, we do give and grant, by these presents, 
for us, our heirs and successors, licence, authority and power, that 
such person or persons may take the premises, or any parcel 
thereof, of the said now Lord Baltimore, his heirs or assigns, and 
the same hold to themselves, their heirs or assigns, (in what estate 
of inheritance soever, in fee simple, or in fee tail, or otherwise, as 
to them and the now Lord Baltimore, his heirs and assigns, shall 
seem expedient;) the statute made in the parliament of Edward, 
son of King Henry, late King of England, our predecessor, 
commonly called the statute ' Quia emptores terrarum,' lately 
published in our kingdom of England, or any other statute, act, 
ordinance, use, law or custom, or any other thing, cause or 
matter thereupon heretofore had, done, published, ordained or 
provided to the contrary, in any wise notwithstanding. S/^ 

/And by these presents we give and grant licence unto the Power t0f 
said now Lord Baltimore and his heirs, to erect any parcels of manors, 
land within the province aforesaid into manors, in every the said 
manors to have and to hold a court of Baron, with all things 



96 PROPRIETARY CHARTERS. 

whatsoever which to a court Baron do belong, and to have and 
to hold view of frank pledge (for the conservation of the peace, 
and the better government of those parts) by themselves or 
their stewards, or by the lords, for the time being, of other 
manors to be deputed, when they shall be erected, and in the 
same to use all things belonging to view of frankpledge. -/ 
No taxes v And further our pleasure is, and by these presents, for us. 

*»aii beku- our heirs and successors, we do covenant and grant to and with 
KinU of G * ne ' said now Lord Baltimore, and his heirs and assigns, that 
England we, our heirs and successors, shall at no time hereafter set or 
" pon * be make, or cause to set any imposition, custom, or other taxation, 
of this pro- v &te) or contribution whatsoever, in and upon the dwellers and 
vince. inhabitants of the aforesaid province, for their lands, tenements, 

goods, or chattels within the said province, or in or upon any 
goods or merchandize within the said province, or to be laden or 
unladen within the ports or harbours of the said province, r And 
our pleasure is, and for us, our heirs and successors, we charge 
and command, that this our declaration shall henceforward, from 
time to time, be received and allowed in all our courts, and before 
all the judges of us, our heirs and successors for a sufficient 
and lawful discharge, payment and acquittance; commanding all 
and singular our officers and ministers of us, our heirs and 
successors, and enjoining them, upon pain of our high displeasure, 
that they do not presume, at any time, to attempt any thing 
to the contrary of the premises, or that they do in any sort 
withstand the same; but that they be at all times aiding and 
assisting, as fitting, unto the said now Lord Baltimore, and his 
heirs, and to the inhabitants and merchants of Maryland afore- 
said, their servants, ministers, factors, and assigns, in the full 
use and fruition of the benefit of this our charter. 
Tins pro- And further our pleasure is, and by these presents, for us, our 

noTb shall t heirs and successors, we do grant unto the said now Lord Baltimore, 
of any other his heirs, and assigns, and to the tenants and inhabitants of the 
colony, but said province of Maryland, both present and to come, and to 
parat^pro 6 -" everv °f them, that the said province, tenants, and inhabitants of 
vince, sub- the said colony or country, shall not from henceforth be held or 
ject to the reputed as a member, or as part of the land of Virginia, or of 
England anv other colony whatsoever, now transported, or hereafter to be 
and depend- transported ; nor shall be depending on, or subject to their 
mg on it. government in any thing, from whom we do separate that and 
them. And our pleasure is, by these presents, that they be 
separated, and that they be subject immediately to our crown of 
England, as depending thereof for ever. 
This char- And if perchance hereafter it should happen any doubts or 

way^becon- <l ues ti ons should arise concerning the true sense and understand- 
strued in fa- ing of any word, clause, or sentence contained in this our present 
charter, we will, ordain and command, that at all times, and in all 
things, such interpretations be made thereof and allowed, in any 
of our courts whatsoever, as shall be adjudged most advantageous 
and favourable unto the said now Lord Baltimore, his heirs, and 
assigns ; provided always, that no interpretation be admitted 
thereof, by which God's holy and truly Christian religion, or the 



vour of the 
grantees. 



THE CAEOLINAS. 97 

allegiance due unto us, our heirs and successors, may suffer any 
prejudice or diminution ; although express mention be not made 
in these presents of the true yearly value of certainty of the 
premises, or of any part thereof, or of other gifts and grants made 
by us, our progenitors or predecessors, unto the said now Lord 
Baltimore, or any statute, act, ordinance, provision, proclamation, 
or restraint heretofore had, made, published, ordained, or provided, 
or any other thing, cause, or matter whatsoever to the contrary 
thereof, in a ay wise notwithstanding. In witness, &c. Witness 
Ourself at Westminster, the twenty-eighth day of June, A.D. 
1632, in the eighth year of our reign. 

By Writ of Privy Seal. 



THE CAROLINAS. 



After the unsuccessful attempts of the Spaniards and French to 
form settlements in this part of America, Monk, Duke of Albemarle, 
Clarendon, and others, obtained a patent for the purpose from 
Charles the Second, on the 24th of March, 1663, which is said to 
have been copied from the Charter to Maryland. Under this patent 
they proceeded to colonize, and two years later obtained a second 
Charter, conferring upon them additional territory. The Proprie- 
taries were thereby liberally endowed with extensive privileges at 
the expense of the prerogatives of the Crown, and under these, in 
the year 1669, they subscribed that singular and notable instrument 
which was termed ' The Fundamental Constitutions of Carolina. 1 
These constitutions, which were the composition of the famous 
John Locke, superintended by Shaftesbury, might have aptly come 
from one of the pigeon-holes in the Abbe Sieyes' noted repositor}\ 
Never, perhaps, was a scheme devised, more ingenious, explicit, 
elaborate, and absurd. I take a resume of a portion of them 
from Grahame. Thus, ' it was appointed that the eldest of the 
Proprietaries, of whom there were eight, should be Palatine of the 
Province during his life ; and that this dignity, in every vacancy, 
should devolve on the eldest of the surviving Proprietaries. Seven 
other of the chief offices of state — namely, the offices of admiral, 
chamberlain, chancellor, constable, chief justice, high steward, and 
treasurer — were appropriated exclusively to the other seven Pro- 
prietaries; and the duties of those functionaries, as well as 
of the Palatine, might be executed by deputies residing within 
the province. The duties were specified with great exactness; 
as, for instance, those pertaining to the chamberlain's court, 
which had the care of 'all ceremonies, precedency, heraldry, and 
pedigrees? and also c power to regulate all fashions, habits, 
badges, games, and sports.' Corresponding to these offices there 
were to be (besides the ordinary courts of every county) eight 

H 



98 PROPRIETARY CHARTERS. 

supreme courts, to each of which was annexed a college of twelve assist- 
ants. The Palatine was to preside in the Palatine's court, wherein he 
and three others of the Proprietaries formed a quorum of functionaries; 
and this court represented the King, ratified or negatived the enact- 
ments of the legislature, and, in general, was invested with the admi- 
nistration of all the powers conferred by the Royal Charter, except in 
so far as limited by collateral provisions of the fundamental consti- 
tutions. By a complicated framework of counties, seignories, baronies, 
precincts, and colonies, the whole land of the Province was divided 
into five equal portions, one of which was assigned to the Proprie- 
taries, another to the nobility, and the remaining three were left to 
the people. Two classes of hereditary nobility, with possessions 
proportioned to their respective dignities, and for ever unalienable 
and indivisible, were to be created by the Proprietaries under the 
title of landgraves and caciques; and these, together with the 
deputies of the Proprietaries and Representatives chosen by the 
freemen, constituted the parliament of the Province, which was 
appointed to be biennially convoked, and when assembled, to form 
one deliberative body, and occupy the same chamber. No matter 
or measure could be proposed or discussed in the parliament that 
had not been previously considered and approved by the Grand 
Council of the Province ; a body resembling the Lords of the 
Articles, in the ancient constitution of Scotland, and composed 
almost exclusively of the Proprietaries' officers and the nobility. 5 
And in this way the articles proceeded illustrating the extravagancies 
of which the wisest may be capable when they attempt to provide 
paper constitutions on any other than a simple basis for those whose 
actual condition they are ignorant of. It is only necessary to add, as 
an exemplification of their working, that one of the earliest laws which 
was framed under their provisions was an ordinance that no person 
should be permitted to leave the colony. The ultimate and inevi- 
table conclusion was this, that the Proprietaries, in the year 1693, 
were obliged to enact the following resolution: 'That, as the 
people have declared they would rather be governed by the powers 
granted by the Charter, without regard to the fundamental consti- 
tutions, it would be for their quiet, and the protection of the w 7 ell- 
disposed, to grant their request'' This naive admission is an 
admirable commentary on the last article of the famous fundamentals, 
which declared that they c should be the sacred and unalterable 
form and rule of government of Carolina for ever.' 



PENNSYLVANIA AND DELAWARE. 

The famous Charter of Pennsylvania was granted to Penn in 
March, 1681. It was framed, in some of its most important pro- 
visions, on the model of that which had been granted to Lord 



PENNSYLVANIA AND DELAWARE. 99 

Baltimore. It contains, however, some peculiar clauses, of which, 
according to Grahame, the political object and meaning was this : 
' The cautious stipulations for guarding and ascertaining the British 
ascendancy, by which this Charter was distinguished from all 
preceding Patents, were manifestly the offspring of the disputes in 
which the Royal Court had been for some time engaged with the 
Colony of Massachusetts. The Provincial Government of Massa- 
chusetts had deemed the Acts of navigation inoperative within its 
jurisdiction, till they were legalized by its own ordinance. But the 
immediate and uninterrupted observance of them in Pennsylvania 
was enforced by the stipulated penalty of the forfeiture of the 
Charter. Laws had been passed in Massachusetts for a domestic 
coinage of money, and other objects, which were deemed inconsistent 
with the prerogative of the sovereign state. For the prevention of 
similar abuse, or, at least, the correction of it, before inveterate 
prevalence could have time to create habits of independence, it was 
required that all laws of the new province should be regularly trans- 
mitted to England, for the royal approbation or dissent. To obviate 
the difficulty that had been experienced by the English government 
in conducting its disputes with the people of Massachusetts, who 
could never be induced to accredit an agent at the Court, without 
much reluctance and long delay, it was required that a standing 
agent for Pennsylvania should reside in London, and be held 
responsible for the proceedings of his Colonial constituents. But 
the most remarkable provision, by which this Charter was dis- 
tinguished from all the other American Patents, was that which 
expressly reserved a power of taxation to the British parliament.' 
The insertion of this clause was a foretaste of the spirit which after- 
wards cost us our fairest possessions, as the time arrived when its 
presumed safeguards betrayed the brightest ornament of the Crown. 
By requiring too much, we sacrificed all ; as this may exemplify, for 
our lasting instruction. 

Under this Charter the memorable i Frame of the Government 
of the Province of Pennsylvania'' was prepared. To this was 
appended a code of laws which had been concerted between the 
Proprietary, William Penn, and divers of the planters, before their 
departure from England, and which were to be submitted for con- 
firmation or modification to the first provincial Assembly. At the 
same time Penn obtained a grant of the Delaware territory from 
the Duke of York, and Pennsylvania and Delaware were accord- 
ingly united. The laws and constitution underwent several 
modifications, with the joint consent of the Proprietary and the 
colonists, and ultimately Delaware and Pennsylvania were separated. 
The original Charter I subjoin at length. 



h2 



100 



PROPRIETARY CHARTERS. 



Pensylvania Charter, granted by King Charles II. in the 
Fourteenth Year of his Reign. 

Prima Pars Patentium de Anno Regni Regis Caroli Secundi 
Tricesimo Tertio. 

CHARLES the Second, &c. to all to whom these presents shall 
come, Greeting. Whereas onr trusty and well-beloved sub- 
ject William Penn, esquire, son and heir of Sir William Penn, 
deceased, out of commendable desire to enlarge our English 
empire, and promote such useful commodities as may be of 
benefit to us, and our dominions; as also to reduce the savage 
natives, by gentle and just manners, to the love of civil society 
and christian religion, hath humbly besought leave of us to trans- 
port an ample colony unto a certain country herein after described., 
in the parts of America not yet cultivated and planted ; and hath 
likewise humbly besought our Royal Majesty to give, grant, and 
confirm all the said country, with certain privileges and jurisdic- 
tions requisite for the good government and safety of the said 
country and colony, to him and his heirs, for ever : Know ye 
therefore, That We, favouring the petition and good purpose of 
the said William Penn, and having regard to the memory and 
merits of his late father, in divers services, and particularly to 
his conduct, courage, and discretion, under our dearest brother 
James Duke of York, in that signal battle and victory fought and 
obtained against the Dutch fleet, commanded by the Heere Van 
Obdam, in the year one thousand six hundred and sixty-five ; An. 
consideration thereof, of our special grace, certain knowledge, and 
mere motion, have given and granted, and by this our present 
Charter, for us, our heirs, and successors, do give and grant, unto 
Premisses the said Sir William Penn, his heirs and assigns, all that tract or 
part of land in American/with all the islands therein contained, as the 
same is bounded on the East by Delawar river, from twelve miles 
distance northwards of Newcastle Town, unto the three and 
fortieth degree of northern latitude, if the said river doth extend 
so far northwards ; but if the said river shall not extend so far 
northwards, then by the said river so far as it doth extend; and 
from the head of the said river the eastern bounds are to be deter- 
mined by a meridian line, to be drawn from the head of the said 
river unto the said three and fortieth degree; the said lands to 
extend westward five degrees in longitude, to be computed from 
the said eastern bounds ; and the said lands to be bounded on the 
north by the beginning of the three and fortieth degree of northern 
latitude, and on the south by a circle drawn at twelve miles dis- 
tance from Newcastle northwards and westwards, unto the begin- 
ning of the fortieth degree of northern latitude; and then by a 
strait line westwards to the limits of longitude above-mentioned. 
We do also give and grant unto the said William Penn, his heirs 
and assigns, the free and undisturbed use, and continuance in, and 
passage into, and out of, all and singular ports, harbours, bays, 
waters, rivers, isles, and inlets belonging unto,. or leading to and 



granted. 



PENNSYLVANIA. 101 

from the country or islands aforesaid, and all the soil, lands, fields, 
woods, underwoods, mountains, hills, fens, isles, lakes, rivers, 
waters, rivulets, bays, and inlets, situate and being within or 
belonging unto the limits and bounds aforesaid ; together with 
the fishing of all sorts of fish, whales, sturgeons, and all royal and 
other fishes in the sea, bays, inlets, waters, or rivers, within the 
premises, and the fish therein taken ; and also all veins, mines, 
quarries, as well discovered as not discovered, of gold, silver, 
gems, and precious stones, and all other whatsoever, be it stones, 
metals, or of any other thing or matter whatsoever, found or to 
be found within the country, isles or limits aforesaid; and him 
the said William Penn, his heirs and assigns, we do by this our 
royal Charter, for us, our heirs, and successors, make, create, and 
constitute the true and absolute proprietaries of the said country 
aforesaid, and of all other the premises ; saving always to us, our Saving of 
heirs and successors, the faith and allegiance of the said William the all !f^ 
Penn, his heirs and assigns, and of all other proprietaries, tenants, gra ntee, his 
and inhabitants, that are, and shall be within the territories and heirs, and 
precincts aforesaid ; and saving also unto us, our heirs and sue- ^"f^ 8 ^^. 
cessors, the sovereignty of the aforesaid country. /To have, hold, reignty of 
possess, and enjoy the said tract of land, country, isles, inlets, and the country, 
other the premises, unto the said William Penn, his heirs and Habendum, 
assigns, to the only proper use and behoof of the said William 
Penn, his heirs and assigns for ever. To be holden of us, our Tenendum, 
heirs and successors, Kings of England, as of our Castle of Wind- 
sor, in our county of Berks, in free and common soccage, by fealty 
only, for all services, and not in capite, or by Knights service; 
yielding and paying therefore to us, our heirs and successors, two 
beaver-skins, to be delivered at our said castle of Windsor, on the 
first day of January on every year; and also the fifth part of all Reservation 
gold and silver ore, which shall from time to time happen to be part of the 
found within the limits aforesaid, clear of all charges. ^And of gold and sil- 
our further grace, certain knowledge, and mere motion, we have yer ore * 
thought fit to erect, and we do hereby erect the aforesaid country Erection of 
and island into a province and seignory, and do call it Pensyl- ^y 
vania, and so from henceforth we will have it called. And foras- vince by the 
much as we have hereby made and ordained the aforesaid William n > ame of 
Penn, his heirs and assigns, the true and absolute proprietaries of nia 
all the lands and dominions aforesaid : Know ye therefore, that 
we reposing special trust and confidence in the fidelity, wisdom, 
justice, and provident circumspection of the said William Penn, c w 

for us, our heirs and successors, do grant free, full, and absolute p enn and 
power, by virtue of these presents, to him and his heirs, and to his heirs, of 
his and their deputies and lieutenants, for the good and happy ^ST 
government of the said country, to ordain, make, enact, and under laws for 
his and their seals to publish any laws whatsoever, for the raising raising mo- 
of money for the public use of the said province, and for any other oSe^pur- 
end appertaining either to tJie public state, peace, or safety of the poses ; 
said country, or unto the private utility of particular persons, ac- 
cording to their best discretions, by and with the advice, assent, and by the ad- 
approbation, of the freemen of the said country, or the greater part ^JJj* ?£ d 
of them, or of their delegates or deputies, whom for the enacting of sen t f the " 



102 PROPRIETARY CHARTERS. 

freemen or the said laws, when and as often as need shall require, we will, 
their depu- t hat tne sa j^ William Penn, and his heirs, shall assemble in such 
and of the S01 'k and form, as to him and them shall seem best, and the said 
power to ex- laws duly to execute unto and upon all people within the said 
said hws coimtl T an ^ limits thereof. And we do likewise give and grant 
Grant of the unto the said William Penn, and his heirs, and to his and their 
power to ap- deputies and lieutenants, full power and authority to appoint and 
anT^fficers establish any justices, magistrates, and officers whatsoever, for 
necessary what causes soever, for the probates of wills, and for the granting 
for the pro- f administrations, within the precincts aforesaid, and with what 
and grant- ' power soever, and in such form as to the said William Penn, or 
ing of adrni- his heirs, shall seem most convenient; also to remit, release, par- 
ni d^fth S ? ^ 011; ' anc * Polish, whether before judgment or after, all crimes and 
power to offences whatsoever, committed within the said country, against 
pardon the said laws, treason and wilful and malicious murder only ex- 
ce ir t£i eX " ce Pt eo -i an d in those cases to grant reprieves until our pleasure 
treason and may be known therein; and to do all and every other thing or 
murder, and things, which unto the complete establishment of justice unto 
grant ^e* courts and tribunals, forms of judicature, and manner of proceed- 
prieves ; ings, do belong, although in these presents express mention be 
and of all no £ mac [e thereof; and by iudges, by them delegated, to award 
saryjudicial process, hold pleas, and determine, in all the said courts and tri- 
powers. bunals, all actions, suits, and causes whatsoever, as well criminal 
The laws as civil, personal, real, and mixt. Which laws, so, as aforesaid, to 
made as De published, our will and pleasure is, and so we injoin, require, 
be binding ano ^ command, shall be most absolute and available in law; and 
upon all the that all the liege people and subjects of us, our heirs and succes- 
inhabitants sorg ^ ^ k ger y e and keep the same inviolably, in those parts, so 
province ; f** as they concern them, under the pain therein expressed, or to 
be expressed; provided nevertheless, that the said laws be conso- 
provided nan * *° reason, and be not repugnant or contrary, but, as near 
they are as conveniently may be, agreeable to the laws, statutes, and rights 
consonant f ^jg our ki n gd om f England; and saving and reserving to us, 
pugnant to our heirs and successors, the receiving, hearing, and determining 
the laws of of the appeal and appeals of all or any person or persons of, in, or 
England, belonging to the territories aforesaid, or touching any judgment 
Reservation to be there made or given. And forasmuch as in the government 
of aj 1 appeal of so great a country, sudden accidents do often happen, where- 
unto it will be necessary to apply a remedy, before the freeholders 
of the said province, or their delegates or deputies, can be assem- 
bled to the making of laws; neither will it be convenient, that 
instantly, upon every such emergent occasion, so great a multitude 
should be called together; therefore, for the better government 
of the said country, we will and ordain, and by these presents, 
for us, our heirs and successors, do grant unto the said William 
Penn, and his heirs, by themselves, or by their magistrates and 
officers, in that behalf duly to be ordained, as aforesaid, to make 
and constitute fit and wholesome ordinances, from time to time, 
within the said country, to be kept and observed, as well for the 
preservation of the peace, as for the better government of the 
people there inhabiting, and publicly to notify the same, to all 
persons whom the same doth or may any way concern; which or- 



PENNSYLVANIA. 103 

dinances, our will and pleasure is, shall be observed inviolably 
within the said province, under pains therein to be expressed; so 
as the said ordinances be consonant to reason, and be not repug- 
nant nor contrary, but, so as may be agreeable to the laws of our 
kingdom of England; and so as the said ordinances be not ex- 
tended in any sort, to bind, charge, or take away the right or in- 
terest of any person or persons, for or in their life, members, free- 
hold, goods, or chattels. And our further will and pleasure is, 
That the laws for regulating and governing of property, within 
the said province, as well for the descent and enjoyment of lands, 
as likewise for the enjoyment and succession of goods and chattels, 
and likewise as to felonies, shall be and continue the same as they 
shall be for the time being, by the general course of the law in our 
kingdom of England, until the said laws shall be altered by the 
said William Penn, his heirs or assigns, and by the freemen of the 
said province, their delegates or deputies, or the greater part of 
them. And to the end the said William Penn, or his heirs, or 
other the planters, owners, or inhabitants of the said province may 
not, at any time hereafter, by misconstruction of the powers 
aforesaid, through inadvertency or design, depart from that faith, 
and due allegiance which, by the laws of this our kingdom of 
England, they and all our subjects in our dominions and territories 
always owe unto us, our heirs and successors, by colour of any 
extent or largeness of powers hereby given, or pretended to be 
given, or by force or colour of any laws hereafter to be made in 
the said province, by virtue of any such powers; our further will 
and pleasure is, that a transcript or duplicate of all laws which 
shall be so as aforesaid made and published within the said pro- 
vince, shall, within five years after the making thereof be trans- 
mitted and delivered to the privy council, for the time being, of 
us, our heirs and successors : And if any of the said laws, within 
six months after that they shall be so transmitted and delivered, be 
declared by us, our heirs and successors, in our or their privy council, 
inconsistent with the sovereignty or lawful prerogative of us, our 
heirs or successors, or contrary to the faith or allegiance due by 
the legal government of this realm, from the said William Penn, 
or his heirs, or of the planters and inhabitants of the said pro- 
vince; and that thereupon any of the said laws shall be ad- 
judged and declared to be void by us, our heirs and successors, 
under our or their privy seal; that then and from thenceforth 
such laws, concerning which such judgment and declaration shall 
be made, shall become void; otherwise the said laws so trans- 
mitted shall remain and stand in full force, according to the 
true intent and meaning thereof. Furthermore, that this new 
colony may the more happily encrease by the multitude of people 
resorting thither, therefore we, for us, our heirs and succes- 
sors, do give and grant, by these presents, power, licence, and 
liberty, unto all the liege people and subjects, both present 
and future, of us, our heirs and successors, (excepting those 
who shall be especially forbidden) to transport themselves and 
families unto the said country, with such convenient ship- 
ping, as, by the laws of this our kingdom of England, they ought 



104 PROPRIETARY CHARTERS. 

to use, and with fitting provisions, paying only the customs 
thereof due, and there to settle themselves, dwell and inhabit, and 
plant for the public and their own private advantage. And 
furthermore, that our subjects may be the rather encouraged to 
undertake this expedition with ready and chearful minds, know 
ye, That we, of our special grace, certain knowledge, and mere 
motion, do give and grant, by virtue of these presents, as well 
unto the said William Penn, and his heirs, as to all others, who 
shall, from time to time, repair unto the said country, with a 
purpose to inhabit there, or to trade with the natives of the said 
country, full licence to lade and freight in any ports whatsoever, 
of us, our heirs and successors, according to the laws made, or to 
be made, within our kingdom of England, and into the said 
country, by them, their servants, or assigns, to transport all and 
singular their goods, wares, and merchandize, as likewise all sorts 
of grain whatsoever, and all other things whatsoever necessary for 
food or cloathing, not prohibited by the laws and statutes of our 
kingdoms and dominions to be carried out of the said kingdoms, 
without any lett or molestation of us, our heirs and successors, or 
of any the heir of us, our heirs and successors; saving always to 
us, our heirs, and successors, the legal impositions, customs, and 
other duties and payments for the said wares, and merchandize, 
by any law or statute due, or to be due, to us, our heirs or suc- 
cessors. And we do further for us, our heirs and successors, give 
and grant unto the said William Penn, his heirs and assigns, free 
and absolute power to divide the said country and islands into 
towns, hundreds, and counties, and to erect and incorporate towns 
into boroughs, and boroughs into cities, and make and constitute 
fairs and markets therein, with all other convenient privileges and 
immunities, according to the merit of the inhabitants, and the 
fitness of the places, and to do all and every other thing and 
things touching the premises, which to him or them shall seem 
meet and requisite, albeit they be such as of their own nature 
might otherwise require a more especial commandment and 
Grant of a warrant than in these presents is expressed. We will also, and 
licence to \yj these presents, for us, our heirs and successors, we do give and 
tants of this grant licence by this our charter, unto the said William Penn, his 
province, to heirs and assign, and to all the inhabitants and dwellers, in the 
import province aforesaid, both present and to come, to import and 
thence into unlade, by themselves, or their servants, factors or assigns, all 
England, merchandize or goods whatsoever, as shall arise of the fruits and 
SSJJamU! commodities of the said province, either by land or sea, into any 
try: the ports of us, our heirs and successors, in our kingdom of 

and within England, and not into any other country whatsoever; and we 
a year after give him full power to dispose of the said goods in the said ports, 
they have an( j •£ ^ neeQ i j^ w jthin one year next after the unlading of the 
den in an same, to lade the said merchandizes and goods again into the same 
English or other ships, and to export the same into any other countries 
port' the GX ~ e i tner °f our dominions or foreign, according to law : provided 
asame into always, that they pay such customs and impositions, subsidies 
any other an( j duties, for the same, to us, our heirs and successors, as the 
country. reg ^. ^ our su bj ec t s f ur kingdom of England for the time being, 



PENNSYLVANIA. 105 

4 

shall be bound to pay ; and do observe the acts of navigation, and 
other laws in that behalf made. And furthermore, of our more Grant to W. 
ample and special grace, certain knowledge, and mere motion, we p . enn . and 
do, for us, our heirs and successors, grant unto the said William and assign 
Penn, his heirs and assigns, full and absolute power and authority of a power 
to make, erect, and constitute, within the said province, and the to er ^^ nA 
isles and islets aforesaid, such and so many seaports, harbours, sea ports 
creeks, havens, keys, and other places, for discharging and un- and keys for 
lading of goods and merchandizes out of the ships, boats, and J^^™* 1 
other vessels, and lading them in such and so many places, and goods and 
with such rights, jurisdictions, and liberties, and privileges unto merchan- 
the said ports belonging, as to him or them shall seem most ex- lzes : 
pedient; and that all and singular the ships, boats, and other 
vessels, which shall come for merchandize and trade unto the said 
province, or out of the same shall depart, shall be laden or unladen 
only at such ports as shall be erected and constituted by the said 
William Penn, his heirs or assigns ; any use, custom, or other 
things to the contrary notwithstanding : provided that the said 
William Penn, and his heirs, and the lieutenants and governors 
for the time being, shall admit and receive, in and about all such 
ports, havens, creeks, and keys, all officers and their deputies, who 
shall from time to time be appointed for that purpose, by the 
farmers or commissioners of our customs for the time being. 
And we do further appoint and ordain, and by these presents, for and of a 
us, our heirs and successors, we do grant unto the said William re^fve^nd 
Penn, his heirs and assigns, that he the said William Penn, his enjoy such 
heirs and assigns, may from time to time, for ever, have and customs and 
enjoy the customs and subsidies in the ports, harbours, and other aTshanbe 3 
creeks and places aforesaid, within the province aforesaid, payable imposed by 
or due for merchandizes and wares there to be laded and unladed ; them and 
the said customs and subsidies to be reasonably assessed (upon Dljr of the " 
any occasion) by themselves and the people there, as aforesaid, province, 
to be assembled ; to whom we give power, by these presents, for 
us, our heirs and successors, upon just cause, and in a due pro- Reservation 
portion, to assess and impose the same ; saving unto us, our heirs ° f such cus " 
and successors, such impositions and customs, as by act of parlia- shall be im- 
ment are and shall be appointed. And it is our further will and posed by 
pleasure, That the said William Penn, his heirs and assigns, shall, lament*"*" 
from time to time, constitute and appoint an attorney or agent, to The g ran tee 
reside in or near our city of London, who shall make known the and his 
place where he shall dwell, or may be found, unto the clerks of nei F s and 
our privy council for the time being, or one of them, and shall be shall keep 
ready to appear in any of our courts at Westminster, to answer for an attorney 
any misdemeanors that shall be committed, or by any wilful de- ° r *§«&* f" 
fault or neglect permitted by the said William Penn, his heirs or answer for 
assigns, against our laws of trade and navigation ; and after it any misde- 
shall be ascertained in any of our said courts what damages we, j^^itted 
or our heirs or successors, shall have sustained by such default or by them, 
neglect, the said William Penn, his heirs and assigns, shall pay 
the same within one year after such taxation and demand thereof, 
from such attorney ; or in case there shall be no such attorney, 
within the space of one year ; or such attorney shall not make 



106 



PROPRIETARY CHARTERS. 



payment of such damages within the space of one year, and answer 
such other forfeitures and penalties within the said time, as by the 
acts of parliament in England are or shall be provided, according 
to the true intent and meaning of these presents ; then it shall be 
lawful for us, our heirs and successors, to seize and resume the 
government of the said province or country, and the same to re- 
tain until payment shall be made thereof ; but notwithstanding 
any such seizure or resumption of the government, nothing con- 
cerning the propriety or ownership of any lands, tenements, or 
other hereditaments, or goods, or chattels, of any of the adven- 
venturers, planters, or owners, other than the respective offenders 
They shall there, shall be any way affected or molested thereby. Provided 
have no cor- a i wavs an( j our w in anc [ pleasure is, that neither the said William 
with foreign Penn, nor his heirs, nor any other the inhabitants of the said pro- 
states that vince, shall at any time hereafter have or maintain any corre- 
spondence with any other King, Prince or State, or with any of 
their subjects, who shall then be in war against us, our heirs or 
successors ; nor shall the said William Penn, or his heirs, or any 
other the inhabitants of the said province, make war, or do any 
act of hostility against any other King, Prince or State, or any of 
their subjects, who shall then be in league or amity with us, our 
heirs, or successors. And because in so remote a country, and 
situate near so many barbarous nations, the incursions as well of 
the savages themselves, as of other enemies, pirates, and robbers, 
may probably be feared, therefore we have given, and for us, our 
heirs and successors, do give power by these presents, unto the 
belonging to said William Penn, his heirs and assigns, by themselves, or their 
the office of captains, or other their officers, to levy, muster, and train all sorts 
of men, of what condition, or wheresoever born, in the said pro- 
vince of Pensylvania, for the time being, and to make war, and 
pursue the enemies and robbers aforesaid, as well by sea, as by 
land, yea, even without the limits of the said province, and (by 
God's assistance) to vanquish and take them; and being taken, to 
put them to death, by the law of war, or to save them, at their 
pleasure ; and to do all and every other thing, which unto the 
charge and office of a captain-general of an army belongeth, or 
hath accustomed to belong, as fully and freely as any captain- 
Power to general of an army hath ever had the same. v And furthermore, 
^ mheSi> S °^ our s P ec ^ a ^ g Tace 5 an d °f our certain knowledge, and mere mo- 
ance, to tion, we have given and granted, and by these presents, for us, our 
hold of heirs and successors, do give and grant unto the said William 
themse ves. p enn ^ j^ s h e i rs an( j a ssigns, full and absolute power, licence, and 
authority, that he the said William Penn, his heirs and assigns, 
from time to time hereafter, for ever, at his and their will and 
pleasure, may assign, alien, grant, demise, or enfeoff of the pre- 
mises, so many and such part or parcels to him or them that shall 
be willing to purchase the same, as they shall think fit ; to have 
and to hold to them the said person or persons willing to take or 

* This may be thought an extraordinary power, considering the person in 
whom it was vested ; but the difficulty of reconciling religious scruples with the 
administration of political power, was afterwards experienced. See the circum- 
stances of 1697, as detailed in the second volume of Grahame. 



are at war 
with Eng- 
land 



Grant of 
the power 
to levy 
forces and 
make war, 
and do 
everything 



a captain- 
general of 
an army.* 



PENNSYLVANIA. 107 

purchase, their heirs and assigns, in fee simple, or in fee tail, or 
for the term of life or lives, or years, to be held of the said Wil- 
liam Penn, his heirs and assigns, as of the seignory of Windsor, 
by such services, customs, and rents, as shall seem fit to the said 
William Penn, his heirs and assigns, and not immediately of us, 
our heirs and successors :\And to the same person or persons, and 
to all and every of them, we do give and grant, by these presents 
for us, our heirs and successors, licence, authority and power that 
such person or persons may take the premises, or any parcel 
thereof, of the said William Penn, his heirs, or assigns, and the 
same hold to themselves, their heirs or assigns, in what estate of 
inheritance soever, in fee simple, or in fee tail, or otherwise, as to 
him the said William Penn, his heirs and assigns, shall seem expe- 
dient ; the statute made in the parliament of Edward, son of King 
Henry, late King of England, our predecessor, commonly called the 
statute Quia emptores terrarum, lately published in our kingdom of 
England, in any wise notwithstanding, r And by these presents, Pow t ^ of 
we give and grant licence unto the said William Penn, and his manors . 
heirs, likewise to all and every such person and persons, to whom 
the said William Penn, or his heirs, shall, at any time hereafter, 
grant any estate of inheritance as aforesaid, to erect any parcels of 
land within the province aforesaid, into manors, by and with the 
licence to be first had and obtained for that purpose, under the 
hand and seal of the said William Penn, or his heirs, and in every 
of the said manors to have and to hold a court of Baron, with all 
things whatsoever which to a court Baron do belong, and to have 
and to hold view of frank pledge (for the conservation of the 
peace, and the better government of those parts) by themselves or 
their stewards, or by the lords, for the time being, of other manors 
to be deputed when they shall be erected, and in the same to use 
all things belonging to view of frank pledge : And we do further 
grant licence and authority, that every such person and persons 
who shall erect any such manor or manors as aforesaid, shall or 
may grant all or any part of his said lands to any person or per- 
sons in fee simple or any other estate of inheritance, to be held of 
the said manors respectively, so as no further tenures shall be 
created; but that upon all further and other alienations thereafter 
to be made, the said lands so aliened shall be held of the same 
lord, and his heirs, of whom the alienor did then before hold, 
and by the like services, which were before due and accustomed. 
And further our pleasure is, and by these presents, for us, our 1 J 1 1 {^f e f .- 
heirs and successors, we do covenant and grant to and with the upon the ^ 
said William Penn, and his heirs and assigns, that we, our heirs habitants, 

and successors, shall at no time hereafter set or make, or cause but by * ct of 
. . ' , i , • , assembly or 

to set any imposition, custom, or other taxation, rate, or con- ac t f par- 

tribution whatsoever, in and upon the dwellers and inhabitants liament. 

of the aforesaid province, for their lands, tenements, goods, or 

chattels within the said province, or in and upon any goods and 

merchandize within the said province, or to be laden or unladen 

within the ports or harbours of the said province, unless the same 

be with the consent of the proprietary, or chief governor, and 

assembly, or by act of parliament in England, v And our pleasure 



^08 PROPRIETARY CHARTERS. 

is, and for us, our heirs, and successors, we charge and command, 
that this our declaration shall from henceforward, from time to 
time be received and allowed in all our courts, and before all the 
judges of us, our heirs and successors, for a sufficient discharge, 
payment and acquittance, commanding all and singular the 
officers and ministers of us, our heirs and successors, and enjoin- 
ing them, upon pain of our high displeasure, that they do not pre- 
sume, at any time, to attempt any thing to the contrary of the 
premises, or that they do in any sort withstand the same; but that 
they be at all times aiding and assisting, as fitting, unto the said 
William Penn, and his heirs, and to the inhabitants and merchants 
of the said province aforesaid/their servants, ministers, factors, 
and assigns, in the full use and fruition of the benefit of this 
if twenty or our Charter. And our further pleasure is, and we do hereby, 
sons e desire ^ or us > our ne i rs an( l successors, charge and require, that if any 
it, preachers of the inhabitants of the said province (to the number of twenty) 
ti PP B V i d b7 sna ^ at an y tune hereafter, be desirous, and shall by any writing, 
of London or by anv person deputed by them, signify such their desire to 
may be sent the Bishop of London, for the time being, that any preacher or 
to them. preachers, to be approved of by the said Bishop, may be sent 
unto them for their instruction, that then such preacher or 
preachers shall and may be and reside within the said province, 
without any denial or molestation whatsoever. And if perchance 
hereafter it shall happen, any doubts or questions should arise 
concerning the true sense and meaning of any word, clause, or 
sentence contained in this our present Charter, we will, ordain, 
and command, that at all times, and in all things, such interpreta- 
tions be made thereof and allowed, in any of our courts what- 
soever, as shall be adjudged most advantageous and favourable 
unto the said William Penn, his heirs and assigns ; provided 
always, that no interpretation be admitted thereof, by which the 
allegiance due unto us, our heirs and successors, may suffer any 
prejudice or diminution; although express mention be not made 
in these presents of the true yearly value and certainty of the 
premises, or of any part thereof, or of other gifts and grants 
made by us, our progenitors or predecessors, unto the said 
William ; or any statute, act, ordinance, provision, proclamation, 
or restraint heretofore had, made, published, ordained, or provided, 
or any other thing, cause, or matter whatsoever, to the contrary 
Feb. 28, thereof, in any wise notwithstanding. In witness, &c. Witness 
igsi-2. Ourself at Westminster, the eight and twentieth day of February. 

By Writ of Privy Seed. 



109 



NEW YORK AND NEW JERSEY. 

New York, originally a Dutch Colony, was surrendered to the 
English in 1664, and its government assumed, on behalf of the 
Duke of York, the Proprietary, who had previously obtained a Patent 
from Charles II. It was re-conquered by the Dutch, but restored 
to him in 1674, when a new grant was obtained, as the validity of 
the former one was deemed questionable. By this he was authorized 
to administer justice according to the laws of England, with an 
appeal to the King in Council. No general Assembly was called 
for several years ; and the people having become clamorous for the 
privileges enjoyed by other colonists, the Governor was, in 1682, 
authorized to call an Assembly, which was empowered to make laws 
for the general regulation of the state, which, however, was of no 
force without the ratification of the Proprietary. Siding with the 
Prince of Orange, in 1688, from this era they were deemed entitled 
to all the privileges of British subjects inhabiting a dependent 
province of the state. But no Charter was subsequently granted to 
them by the Crown ; and therefore they derived no peculiar 
privileges from that source. Henceforth its Governors were 
appointed by the Crown, but ' no effort was made/ says Mr. Justice 
Story, ' to conduct the administration without the aid of the repre- 
sentatives of the people in general Assembly.' 

New Jersey, which was also a part of the territory originally 
granted to the Duke of York, was by him granted to Lord Berkeley 
and Sir George Carteret, in 1664. After going through various 
phases of a Proprietary government, under which it enjoyed prac- 
tically very large powers of self-direction, and having had its due 
share of molestation from this country, in the shape of quo warrantos, 
it was ultimately surrendered into the hands of Queen Anne, in 
1702, and the provinces into which it had been divided were 
re-united. From this time to the American Revolution it was 
governed without any Charter, under Royal Commissions; but 
*the people,' says Story, 'always strenuously contended for the 
rights and privileges guaranteed to them by the former concessions, 
and many struggles occurred from time to time between their repre- 
sentatives and the royal Governors, on this subject.' See also the 
references to Smith's New Jersey, in Story's e Constitution,' &c. 
vol. i. p. 108. 



110 THE CHAETEB OF 



GEORGIA. 

The Colonization of Georgia, suggested principally for the relief of 
mprisoned debtors in England, and in which the Moravian Brethren 
<?o-operated, was commenced in the reign of George II. A Charter 
was granted in 1732, by which the territory was vested in certain 
Trustees, who were intrusted with limited powers for twenty-one 
years ; at the expiration of which time a permanent form of govern- 
ment, corresponding with British law and usage, was to be established 
by the King or his successors. This Charter, chiefly interesting as 
an illustration of the greater chariness which now prevailed as to 
Colonial grants, was willingly surrendered as its expiration drew 
near. Subsequently a provincial constitution like that of Carolina, 
which superseded the collapse of Locke's paper fabric, was esta- 
blished, and a Governor appointed by the Crown. 

Georgia Charter, granted by King George II., in the 
Fifth Year of his Reign, 

GEOKGE the Second, by the grace of God, of Great Britain, 
France and Ireland, king, defender of the faith, &c, to all 
to whom these presents shall come, greeting. Whereas we are 
credibly informed, that many of our poor subjects are, through 
misfortunes, and want of employments, reduced to great necessi- 
ties, insomuch as by their labour they are not able to provide a 
maintenance for themselves and families; and if they had means 
to defray their charge of passage, and the expences incident to 
new settlements, they would be glad to be settled in any of our 
provinces in America, where, by cultivating the lands at present 
waste and desolate, they might not only gain a comfortable sub- 
sistence for themselves and families, but also strengthen our colo- 
nies, and increase the trade, navigation and wealth of these our 
realms : and whereas our provinces in North America have been 
frequently ravaged by Indian enemies, more especially that of 
South Carolina, which in the late war, by the neighbouring 
savages, was laid waste with fire and sword, and great numbers 
of the English inhabitants miserably massacred; and our loving 
subjects, who now inhabit there, by reason of the smallness of 
their numbers, will, in case of any new war, be exposed to the 
like calamities, inasmuch as their whole southern frontier conti- 
nueth unsettled, and lieth open to the said savages : and whereas 
we think it highly becoming our crown and royal dignity to pro- 
tect all our loving subjects, be they never so distant from us, to 
extend our fatherly compassion even to the meanest and most un- 
fortunate of our people, and to relieve the wants of our above- 
mentioned poor subjects; and that it will be highly conducive for 
accomplishing those ends, that a regular colony of the said poor 



GEORGIA. Ill 

people be settled and established in the southern frontiers of 
Carolina : and whereas we have been well assured, that if we 
would be most graciously pleased to erect and settle a corporation 
for the receiving, managing, and disposing of the contributions of 
our loving subjects, divers persons would be induced to contribute 
to the uses and purposes aforesaid : Know ye, therefore, that we 
have, for the considerations aforesaid, and for the better and more 
orderly carrying on the said good purposes, of our special grace, 
certain knowledge, and mere motion, willed, ordained, constituted 
and appointed, and by these presents, for us, our heirs and suc- 
cessors, do will, ordain, constitute, declare and grant, That our incorpora- 
right trusty and well-beloved John Lord Viscount Percival, of tion of 
our kingdom of Ireland, our trusty and well-beloved Edward gons'Lto*" 
Digby, George Carpenter, James Oglethorpe, George Heathcote, one body 
Thomas Tower, Robert More, Robert Hucks, Roger Holland, P° litic and 
William Sloper, Francis Eyles, John Laroche, James Vernon, corpora e * 
William Balitha, esquires; Stephen Hales, master of arts, John 
Burton, bachelor of divinity, Richard Bundy, master of arts, 
Arthur Badford, master of arts, Samuel Smith, master of arts, 
Adam Anderson, and Thomas Coram, gentlemen, and such other 
persons as shall be elected in the manner hereafter mentioned, 
and their successors, to be elected in manner as herein after is 
directed, be, and shall be one body politic and corporate, in deed 
and in name, by the name of The Trustees for establishing the Name of 
colony of Georgia in America ; and them and their successors, *! ie cor P° ra - 
by the same name, we do, by these presents, for us, our heirs and 
successors, really and fully make, ordain, constitute and declare to 
be one body politic and corporate, in deed and in name, for ever ; 
and that by the same name they, and their successors, shall and Perpetual 
may have perpetual succession ; and that they, and their succes- succession, 
sors, by that name, shall and may for ever hereafter be persons Capacity to 
able and capable in the law to purchase, have, take, receive, and purchase 
enjoy to them, and their successors, any manors, messuages, Gire a t Bri- 
lands, tenements, rents, advowsons, liberties, privileges, jurisdic- tain, to the 
tions, franchises, and other hereditaments whatsoever, lying and value of 
being in part of Great Britain, of whatsoever nature, kind, and annum y er 
quality they be, in fee and in perpetuity, not exceeding the yearly 
value of one thousand pounds beyond reprises, also estates for 
lives and for years, and all other manner of goods, chattels, and 
things whatsoever, of what name, nature, quality, or value so ever 
they be, for the better settling, supporting, and maintaining the 
said colony, and other uses aforesaid ; and to give, grant, let, Power to 
and demise the said manors, messuages, lands, tenements, here- m /*? leases 

° oi tnc S3.HQ.G 

ditaments, goods, chattels, and things whatsoever aforesaid, f or thirty- 
by lease or leases, for term of years, in possession at the time one years, 
of granting thereof, and not in reversion, not exceeding the 
term of one-and-thirty years from the time of granting thereof, 
on which, in case no fine be taken, shall be reserved the 
full value, and, in case a fine be taken, shall be reserved at purC hase 
least a moiety of the full value, that the same shall reasonably and lands in 
bona fide be worth at the time of such demise ;Vand that they, Amenca in 
and their successors, by the name aforesaid, shall and may, for tity. 



112 



THE CHARTER OF 



ever hereafter, be persons able and capable in the law to purchase, 
have, take, receive, and enjoy, to them and their successors, any 
lands, territories, possessions, tenements, jurisdictions, franchises, 
and other hereditaments whatsoever, lying and being in America, 
of what quantity, quality, or value soever they be, for the better 
Capacity to settling, supporting, and maintaining the said colony ;y and that 
sue and be Dv the name aforesaid, they shall and may be able to sue and be 
sued, plead and be impleaded, answer and be answered unto, 
defend and be defended, in all courts and places whatsoever, and 
before whatsoever judges, justices, or other officers, of us, our heirs 
and successors, in all and singular actions, plaints, pleas, matters, 
suits, and demands, of what kind, nature, or quality soever they 
be ; and to act and do all other matters and things in as ample 
manner and form as any other our liege subjects of this our realm 
A common of Great Britain ; and that they, and their successors, for ever 
hereafter, shall and may have a common seal, to serve for the 
causes and business of them, and their successors ; and that it shall 
and may be lawful for them, and their successors, to change, 
break, alter, and make new, the said seal from time to time, 
and at their pleasure, as they shall think best. And we do further 
grant, for us, our heirs and successors, that the said corporation, 
and the common council of the said corporation herein after by 
us appointed, may, from time to time, and at all times, meet about 
their affairs, when and where they please, and transact and carry 
on the business of the said corporation. And for the better exe- 
cution of the purposes aforesaid, we do, by these presents, for us, 
our heirs and successors, give and grant to the said corporation, 
and their successors, that they, and their successors, for ever may, 
upon the third Thursday in the month of March, yearly meet at 
some convenient place, to be appointed by the said corporation, or 
the major part of them who shall be present at any meeting of 
the said corporation to be had for the appointing of the said place; 
and that they, or two thirds of such of them that shall be present, 
shall, at such yearly meeting, and at no other meeting of the said 
corporation, between the hours of ten in the morning and four in 
the afternoon of the same day, chuse and elect such person or 
persons to be members of the said corporation as they shall think 
beneficial to the good designs of the said corporation. And our fur- 
therwill and pleasure is, that if itshall happen that any of thepersons 
herein after by us appointed as the common council of the said cor- 
poration, or any other persons to be elected and admitted members 
of the said common council in the manner herein after directed, 
shall die, or shall, by writing under his and their hands respectively, 
resign his or their office or offices of common council-man, or 
common council-men, the said corporation, or the major part of 
such of them as shall be present, and may at such meeting, on 
the said third Thursday in March, yearly, in manner as aforesaid, 
next after such death or resignation, and at no other meeting of 
the said corporation, elect and chuse one or more person or per- 
sons, being members of the said corporation, into the room or 
place of such person, or persons, which shall be so dead or so re- 
signing, as to them shall seem meet. And our will and pleasure 



GEORGIA. 113 

is, that all and every the person or persons which shall, from time 
to time, hereafter be elected common conncil-men of the said cor- 
poration as aforesaid, do and shall, before he or they act as com- 
mon council-men of the said corporation, take an oath for the 
faithful and due execution of their office ; which oath the president 
of the said corporation, for the time being, is hereby authorized 
and required to administer to such person or persons so elected as 
aforesaid. And our will and pleasure is, that the first president The first 
of the said corporation shall be our trusty and well-beloved the resi en * 
said John Lord Viscount Percival, and that the said president shall, 
within thirty days after the passing of this charter, cause summons 
to be issued to the several members of the said corporation herein 
particularly named, to meet at such time and place as he should 
appoint, to consult about and transact the business of the said 
corporation. And our will and pleasure is, and we do by these The corn- 
presents, for us, our heirs and successors, grant, ordain, and direct, ™ n coun " 
that the common council of the said corporation shall consist of 
fifteen in number : and we do, by these presents, nominate, con- 
stitute, and appoint, our right trusty and well-beloved John Lord 
Viscount Percival, our trusty and well-beloved Edward Digby, 
George Carpenter, James Oglethorpe, George Heathcote, Thomas 
Tower, Robert More, Robert Hucks, Rogers Holland, William 
Sloper, Francis Eyles, John Laroche, James Vernon, William 
Belitha, esquires, and Stephen Hales, master of arts, to be 
the common council of the said corporation, to continue in 
their said offices during their good behaviour. And whereas 
it is our royal intention, that the members of the said corpora- 
tion shall be increased by election as soon as conveniently may 
be, to a greater number than is hereby nominated, our further 
will and pleasure is, and we do hereby for us, our heirs and suc- 
cessors, ordain, and direct, that from the time of such increase of 
the members of the said corporation, the number of the said 
common council shall be increased to twenty-four. And that at 
the same assembly at which such additional members of the said 
corporation shall be chosen, there shall likewise be elected in the 
manner herein before directed for the election of common council- 
men, nine persons to be of the said common council, and to make 
up the number thereof twenty-four. And our further will and 
pleasure is, that our trusty and well-beloved the said Sir Edward 
Digby, esquire, shall be the first chairman of the common council 
of the said corporation ; and that the said Lord Viscount Percival 
shall be and continue president of the said corporation; that the 
said Edward Digby shall be and continue chairman of the said 
common council of the said corporation respectively, until the 
meeting which shall be had next and immediately after the first 
meeting of the said corporation, or of the common council of the 
said corporation respectively, and no longer ; at which said second 
meeting, and at every other subsequent and future meeting of the 
said corporation, or of the common-council of the said corporation 
respectively, in order to preserve an indifferent rotation of the 
several offices of president of the corporation, and of chairman of 
the common-council of the said corporation, we do direct and 

I 



114 THE CHARTER OF 

ordain, that all and every the person or persons, members of the 
said common-council for the time being, and no others, being 
present at such meetings, shall severally and respectively, in their 
turns, preside at the meetings which shall from time to time be 
had and held, of the said corporation, or of the common-council of 
the said corporation respectively: And in case any doubt or 
question shall at any time arise, touching or concerning the turn 
or right of any member of the said common-council, to preside at 
any meeting of the said corporation, or of the common-council of 
the said corporation, the same shall be respectively determined 
by the major part of the said corporation, or of the common- 
council of the said corporation respectively, who shall be present 
at such meeting. Provided always, that no member of the said 
common-council, having served in the office of president of 
the said corporation, or of chairman of the common- council of 
the said corporation, shall be capable of being or of serving 
as president or chairman at any meeting of the said corpora- 
tion, or of the common-council of the said corporation, next 
and immediately ensuing that in which he so served as president 
of the said corporation, or chairman of the common-council 
of the said corporation respectively, unless it shall so happen, 
that at any such meeting of the said corporation there shall not 
be any other member of the said common-council present. And 
our will and pleasure is, that at all and every the meetings of the 
said corporation, or of the common-council of the said corpora- 
tion, the president or chairman for the time being shall have a 
voice, and shall vote and act as a member of the said corporation, 
or of the common- council of the said corporation, at such 
meeting ; and in case of any equality of votes, the said president 
or chairman for the time being shall have and exercise a casting 
vote. And our further will and pleasure is, that no president of 
the said corporation, or chairman of the common-council of the 
said corporation, or member of the said common-council or cor- 
poration, by us by these presents appointed, or hereafter from 
time to time to be elected or appointed in manner as aforesaid, 
shall have, take or receive, directly or indirectly, any salary, fee,, 
perquisite, benefit or profit, whatsoever, for or by reason of his or 
their serving the said corporation, or common-council of the said 
corporation, as president, chairman, or common-council-man, 
or as being a member of the said corporation. And our will 
and pleasure is, that the said herein before appointed presi- 
dent, chairman and common-council-men, before he and they 
act respectively as such, shall severally take an oath for the faith- 
ful and due execution of their trust, to be administered to the 
president by the chief baron of our court of exchequer for the 
time being, and by the president of the said corporation to the 
rest of the common-council, who' are hereby authorized severally 
and respectively to administer the same. And our will and 
pleasure is, that all and every person and persons who shall 
have in his or their own name or names, or in the name or names 
of any person or persons in trust for him or them, or for his or 
their benefit, any office, place or employment of profit under the 



GEOEGIA. 115 

said corporation, shall be incapable of being elected a member of 
the said corporation : And if any member of the said corporation, 
during such time as he shall continue a member thereof, shall in 
his own name or in the name of any person or persons in trust 
for him, or for his benefit, have, hold, exercise, accept, possess or 
enjoy any office, place or employment of profit under the common- 
council of the said corporation, such member shall, from the 
time of such having, holding, exercising, accepting, possessing 
and enjoying such office, place or employment of profit, cease 
to be a member of the said corporation. And we do for 
us, our heirs and successors, grant unto the said corporation, 
and their successors, that they, and their successors, or the 
major part of such of them as shall be present at any meeting 
of the said corporation, convened and assembled for that purpose, 
by proper and convenient notice thereof, shall have power, from 
time to time, and at all times hereafter, to authorize and appoint 
such persons as they shall think fit, to take subscriptions, and to 
gather and collect such monies as shall be by any person or persons 
contributed for the purposes aforesaid, and shall and may revoke 
and make void such authorities and appointments as often as they 
shall see cause so to do. And we do hereby for us, our heirs and 
successors, ordain and direct, that the said corporation shall every 
year lay an account in writing before the chancellor, or keeper, 
or commissioners for the custody of the great seal of Great 
Britain, of us, our heirs and successors, the chief justice of the 
court of king's bench, the master of the rolls, the chief justice of 
the court of common pleas, and the chief baron of the exchequer, 
of us, our heirs and successors, for the time being, or any two of 
them, of all monies or effects by them received or expended, for 
the carrying on the good purposes aforesaid. And we do here by for rower of 
us, our heirs and successors, give and grant unto the said corporation, ^ S ^ S y " 
and their successors, full power and authority to constitute, ordain 
and make such and so many by-laws, constitutions, orders and or- 
dinances, as to them, or the greater part of them, at their general 
meeting for that purpose, shall seem meet, necessary and convenient 
for the well ordering and governing the said corporation; and the 
said by-laws, constitutions, orders and ordinances, or any of them, 
to alter and annul, as they, or the major part of them then 
present, shall see requisite; and in and by such by-laws, rules, 
orders and ordinances, to set, impose and inflict reasonable pains 
and penalties upon any offender or offenders who shall transgress, 
break or violate the said by-laws, constitutions, orders and ordi- 
nances, so made as aforesaid, and to mitigate the same, as they 
or the major part of them then present shall find cause; which 
said pains and penalties shall and may be levied, sued for, taken, 
retained and recovered by the said corporation, and their succes- 
sors, or by their officers and servants, from time to time to be 
appointed for that purpose, by action of debt, or by any other 
lawful ways and means, to the use and behoof of the said corpora- 
tion, and their successors; all and singular which by-laws, constitu- 
tions, orders and ordinances, so as aforesaid to be made, we will shall 
be duly observed and kept, under the pains and penalties therein to 
i2 



116 THE CHARTER OF 

be contained; so always as the said by-laws, constitutions, orders, 
and ordinances, pains and penalties from time to time to be made 
and imposed, be reasonable, and not contrary or repugnant to the 
laws and statutes of this our realm; and that such by-laws, 
constitutions and ordinances, pains and penalties from time to 
time to be made and imposed, and any repeal or alteration 
thereof, or of any of them, be likewise agreed to, be established 
and confirmed by the general meeting of the said corporation, 
to be held and kept next after the same shall be respectively 
made. And whereas the said corporation intend to settle a 
colony, and to make an habitation and plantation in that part of 
our province of South Carolina in America herein after described: 
Grant of a ^Know ye therefore, that we greatly desiring the happy success of 
tftand fef *^ e sa ^ corporation, for their further encouragement in accom- 
the said cor- plishing so excellent a work, have of our special grace, certain 
poration. knowledge, and mere motion, given and granted, and by these 
presents, for us, our heirs, and successors, do give and grant, to 
the said corporation, and their successors, under the reservations, 
limitations, and declarations hereafter expressed, seven undi- 
vided parts (the whole into eight equal parts to be divided) 
of all those lands, countries, and territories, situate, lying, and 
being in that part of South Carolina, in America,^vhich lies from 
the northern stream of a river there commonly called the 
Savannah, all along the sea-coast to the southward, unto the 
most southern stream of a certain other great water or river 
called the Alatamacha, and westward from the heads of the said 
rivers respectively in direct lines to the south seas, and all that 
space, circuit, and precinct of land lying within the said boun- 
daries, with the islands in the sea, lying opposite to the eastern 
coast of the said islands; within twenty leagues of the same, 
which are not already inhabited, or settled by any authority 
derived from the crown of Great Britain, together with all the 
soils, grounds, havens, ports, gulphs and bays, mines, as well as 
royal mines of gold and silver, as other minerals, precious stones, 
quarries, woods, rivers, waters, fishings, as well royal fishings 
of whale and sturgeon as other fishings, pearls, commodities, 
jurisdictions, royalties, franchises, privileges, and pre-eminences, 
within the said territories, and the precincts thereof, and 
thereunto in any sort belonging or appertaining, and which 
we by our letters patent may or can grant, and in as ample 
manner and sort as we, or any of our royal progenitors, 
have hitherto granted to any company, body politic, or corpo- 
rate, or to any adventurer or adventurers, undertaker or un- 
dertakers of any discoveries, plantations or traffic of, in or into 
any foreign parts whatsoever, and in as large and ample man- 
ner as if the same were herein particularly mentioned and ex- 
Habendum. p reS sed. To have, hold, possess and enjoy the said seven undi- 
vided parts (the whole into eight equal parts to be divided as 
aforesaid) of all and singular the said lands, countries and terri- 
tories, with all and singular other the premises herein before by 
these presents granted or mentioned, or intended to be granted, 
to them the said corporation, and their successors for ever, for the 



GEORGIA. 117 

better support of the said colony. /To be holden of us, our heirs Tenendum, 
and successors, as of our manor of Hampton Court, in our county 
of Middlesex, in fee and common soccage, and not in capite; 
yielding and paying therefore to us, our heirs and successors, Quit-rent, 
yearly for ever, the sum of four shillings for every hundred acres 
of the said lands which the said corporation shall grant, de- 
mise, plant or settle, the said payment not to commence, or 
be made, until ten years after such grant, demise, plant- 
ing or settling, and to be answered and paid to us, our heirs 
and successors, in such manner, and in such species of money or 
notes as shall be current in payment by proclamation, from time 
to time, in our said province of South Carolina ;J all which lands, j^g^ld of 
countries, territories and premises hereby granted or mentioned, i an ds here- 
or intended to be granted, we do by these presents make, erect by granted, 
and create one independent and separate province, by the name of y'L^by the 
Georgia ; by which name we will the same henceforth to be called, name of 
and that all and every person and persons who shall at any time Georgia, 
hereafter inhabit or reside within our said province, shall be and 
are hereby declared to be free, and shall not be subject to, or be 
bound to obey, any laws, orders, statutes or constitutions which 
have been heretofore made, ordered, or enacted, or which hereafter 
shall be made, ordered, or enacted, by, for, or as the laws, orders, 
statutes or constitutions by our said province of South 
Carolina (save and except only the command in chief 
of the militia of our said province of Georgia to our 
governor for the time being of South Carolina, in manner herein 
after declared) ; but shall be subject to and bound to obey such 
laws, orders, statutes and constitutions, as shall from time to 
time be made, ordered and enacted for the better government 
of the said province of Georgia, in the manner herein after 
directed. And we do hereby for us, our heirs and successors, 
ordain, will, and establish, that for and during the term of 
one-and-twenty years, to commence from the date of these 
our letters patent, the said corporation assembled for that pur- 
pose, shall and may form and prepare laws, statutes, and ordi- 
nances, fit and necessary for and concerning the government of 
the said colony, and not repugnant to the laws and statutes of 
England ; and the same shall and may present under their com- 
mon seal to us, our heirs and successors, in our or their privy- 
council, for our or their approbation or disallowance ; and the 
said laws, statutes, and ordinances, being approved by us, our 
heirs and successors, in our or their privy-council, shall from 
thenceforth be in full force and virtue, within our said province 
of Georgia. And forasmuch as the good and prosperous suc- 
cess of the said colony cannot but chiefly depend, next under the 
blessing of God, and the support of our royal authority, upon 
the provident and good direction of the whole enterprize, and 
that it will be too great a burthen upon all the members of 
the said corporation to be convened so often as may be requisite 
to hold meetings for the settling, supporting, ordering, and 
maintaining such colony ; therefore we do will, ordain, and 
establish, that the said common council, for the time being, of 



118 THE CHARTER OF 

the said corporation, being assembled for that purpose, or the 
major part of them, shall, from time to time, and at all times, 
hereafter, have full power and authority to dispose of, expend, 
and apply all the monies and effects belonging to the said corpo- 
ration, in such manner and ways, and in such expences as they 
shall think best to conduce to the carrying on and effecting the 
good purposes herein mentioned and intended ; and also shall 
have full power, in the name and on the account of the said cor- 
poration, and with and under their common seal, to enter into any 
covenants and contracts for carrying on and effecting the purposes 
aforesaid. And our further will and pleasure is, that the said 
common-council for the time being/or the major part of such of the 
said common council which shall be present and assembled for that 
purpose, from time to time, and at all times hereafter, shall and 
may nominate, constitute, and appoint, a treasurer or treasurers, 
secretary or secretaries, and such other officers, ministers, and ser- 
vants of the said corporation, as to them, or the major part of such 
of them as shall be present, shall seem proper or requisite for the 
good management of their affairs, and at their will and pleasure to 
displace, remove, and put out such treasurer or treasurers, secre- 
tary or secretaries, and all such other officers, ministers, or servants, 
as often as they shall think fit so to do, and others in the room, 
office, place, or stead of him or them so displaced, removed, or 
put out, to nominate, constitute, and appoint; and shall and may 
determine and appoint such reasonable salaries, perquisites, or 
other rewards, for the labour or services of such officers, servants 
and persons, as to the said common counc^. shall seem meet; and 
all such officers shall, before they act in \> heir respective offices, 
take an oath, to be to them administered by the chairman for the 
time being of the said common council of the said corporation, 
who is hereby authorized to administer the same, for the faithful 
and due execution of their respective offices and places. And our 
will and pleasure is, that all and every person and persons, who 
shall from time to time be chosen or appointed treasurer or trea- 
surers, secretary or secretaries of the said corporation, in manner 
herein before directed, shall, during such time as they shall serve 
in the said offices respectively, be incapable of being a member of 
the said corporation. And we do further, of our special grace, 
certain knowledge, and mere motion, for us, our heirs and suc- 
cessors, grant by these presents to the said corporation, and their 
successors, that it shall be lawful for them, and their officers or 
agents, at all times hereafter, to transport and convey out of our 
realm of Great Britain, or any other our dominions, into the said 
province of Georgia, to be there settled, all such and so many of 
our loving subjects, or any foreigners that are willing to become 
our subjects, and live under our allegiance in the said colony, as 
shall willingly go to inhabit and reside there, with sufficient ship- 
ping, armour, weapons, ordnance, munition, powder, shot, victuals, 
and such merchandize or wares as are esteemed by the wild people 
in those parts, cloathing, implements, furniture, cattle, horses, 
mares, and all other things necessary for the said colony, and for 
their use and defence, and trade with the people there, and in 






GEORGIA. 119 

passing and returning to and from the same. Also we do, for us, General de- 
our heirs and successors, declare by these presents, that all and "n persons 
every the persons, which shall happen to be born within the said that shall 
province, and every of their children and posterity, shall have and J« horn in 
enjoy all liberties, franchises, and immunities of free denizens, and vince# 
natural-born subjects, within any of our dominions, to all intents 
and purposes, as if they had been abiding and born within this 
our kingdom of Great Britain, or any other of our dominions. 
And for the greater ease and encouragement of our loving sub- Liberty of 
iects, and such others as shall come to inhabit in our said colony, conscience 

• cincl irGG 

we do, by these presents, for us, our heirs and successors, grant, exercise of 
establish and ordain, that for ever hereafter there shall be a their reiigi- 
liberty of conscience allowed in the worship of God, to all per- °g r t ° n J 11 
sons inhabiting, or which shall inhabit, or be resident within our C ept Pa- 
said province ; and that all such persons (except Papists) shall pisfs. 
have a free exercise of their religion, so they be contented with 
the quiet and peaceable enjoyment of the same, not giving offence 
or scandal to the government, y And our further will and plea- Power to 
sure is, and we do hereby for us, our heirs and successors, declare assign por- 
and grant, that it shall and may be lawful for the said common la^to per- 
council, or the major part of them assembled for that purpose, in sons who 
the name of the corporation, and under their common seal, to are Wlllm 2 
distribute, convey, assign and set over such particular portions of p i an ters. 
the lands, tenements, and hereditaments, by these presents granted 
to the said corporation, unto such of our loving subjects, natu- 
ral-born, or denizens, or others that shall be willing to become 
our subjects, and live under our allegiance in the said colony, 
upon such terms, and for such estates, and upon such rents, 
reservations, and conditions, as the same may lawfully be 
granted, and as to the said common council, or #ie major 
part of them so present, shall seem fit and proper. ^ Provided 
always, that no grant shall be made of any part of the said 
lands unto any person, being a member of the said cor- 
poration, or to any other person in trust for, or for the benefit 
of any member of the said corporation; and that no person 
having any estate or interest in law or equity in any part 
of the said land, shall be capable of being a member of the 
said corporation, during the continuance of such estate or 
interest, v Provided also, that no greater quantity of the said No one 
land be granted either entirely, or in parcels, to, or to the use of, S^v^ore 7 
or in trust for, any one person, than five hundred acres; and that than 500 
all grants made contrary to the true intent and meaning hereof acres - 
shall be absolutely null and void.;/ And we do hereby grant and State oaths 
ordain, that such person and persons for the time being, as shall °r soleinn 
be thereunto appointed by the said corporation, shall and may, to be admi- 
at all times, and from time to time hereafter, have full power and nistered to 
authority to administer and give the oaths appointed by an jj^o shSfl 118 
act of parliament made in the first year of the reign of our late inhabit the 
royal father, to be taken instead of the oaths of allegiance and said pro- 
supremacy, and also the oath of abjuration, to all and every vince " 
person and persons which shall at any time be inhabiting or 
residing within our said colony, and in like cases to administer 



120 THE CHARTER OF 

the solemn affirmation to any of the persons commonly called 
Quakers, in such manner as by the laws of our realm of Great 
Po ^er to Britain the same may be administered. And we do of our 
of judica- further grace, certain knowledge, and mere motion, grant, 
ture. establish and ordain, for us, our heirs and successors, that the 

said corporation, and their successors, shall have full power and 
authority, for and during the term of one-and-twenty years, to 
commence from the date of these our letters patent, to erect and 
constitute judicatures and courts of record, or other courts, to be 
held in the name of us, our heirs and successors, for the hearing 
and determining of all manner of crimes, offences, pleas, processes, 
plaints, actions, matters, causes, and things whatsoever, arising or 
happening within the said province of Georgia, or between persons 
inhabiting or residing there, whether the same be criminal or 
civil, and whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal or mixed, and for award- 
ing and making out executions thereupon; to which courts and 
judicatures we do hereby for us, our heirs and successors, give 
and grant full power and authority from time to time to administer 
oaths for the discovery of truth in any matters in controversy, or 
depending before them, or the solemn affirmation to any of the 
persons commonly called Quakers, in such manner as by the laws 
Convey- of our realm of Great Britain the same may be administered. /And 
ances of our father will and pleasure is, that the said corporation, and 
aforesaid their successors, do from time to time, and at all times hereafter, 
province register, or cause to be registered, all such leases, grants, plantings, 
the^fore- conveyances, settlements, and improvements whatsoever, as shall 
said corpo- at any time hereafter be made by or in the name of the said 
ration, shall corporation, of any lands, tenements, or hereditaments within the 
ed by^them sa *°- province, and shall yearly send or transmit, or cause to be 
sent or transmitted, authentic account of such leases, grants, 
conveyances, settlements, and improvements respectively, unto the 
auditor of the plantations for the time being, or his deputy, and 
also to our surveyor, for the time being, of our said province of 
South Carolina>/to whom we do hereby grant full power and 
authority, from time to time, as often as need shall require, to 
inspect and survey such of the said lands and premises, as shall 
be demised, granted, and settled as aforesaid; which said survey 
and inspection we do hereby declare to be intended to ascertain 
the quit rents which shall from time to time become due to us, 
our heirs and successors, according to the reservation herein before 
mentioned, and for no other purpose whatsoever; hereby for us, 
our heirs and successors, strictly injoining and commanding that 
neither our or their surveyor, or any person whatsoever, under the 
pretext and colour of making the said survey or inspecting, 
shall take, demand, or receive any gratuity, fee or reward, 
of or from any person or persons inhabiting in the said colony, 
or from the said corporation or common council thereof, on the 
pain of forfeiture of their office, or offices, and incurring 
our highest displeasure. Provided always, and our further will 
and pleasure is, that all leases, grants, and conveyances to be made 
by or in the name of the said corporation, of any lands within the 



GEORGIA. 121 

said province, or a memorial containing the substance and effect 
thereof, shall be registered with the auditor of the plantations of 
us, our heirs or successors, within the space of one year to be 
computed from the date thereof, otherwise the same shall be void. 
And our further will and pleasure is, that the rents, issues, and all 
other profits, which shall at any time hereafter come to the said 
corporation, issuing or arising out or from the said province, or 
out of or from any part or parcel of the same, shall, from time to 
time, and at all times hereafter, be laid out and applied in such 
expences, and in such manner, as the said common council of the 
said corporation, or the major part of such of them as shall be 
present at any meeting for that purpose assembled, shall think 
will most improve and enlarge the said colony, and best answer 
the good purposes herein before mentioned, and for defraying all 
other charges about the same. And our will and pleasure is, that 
that the said corporation, and their successors, shall, from time 
to time, give unto one of the principal secretaries of state, and 
to the commissioners of trade and plantations, accounts of the 
progress of the said colony. And our will and pleasure is, that no Power for 
act done at any meeting of the said common council of the said years t Q ap _ 
corporation shall be effectual and valid, unless eight members point gover- 
at least of the said common council, including the member who nor ' &c - 
shall serve as chairman at the said meeting, be present, and the 
major part of them consenting thereunto. And our will and 
pleasure is, that the common council of the said corporation, for 
the time being, or the major part of them who shall be present, 
being assembled for that purpose, shall, from time to time, for, 
during, and until the full end and expiration of twenty-one years, 
to commence from the date of these our letters patents, have full 
power and authority to nominate, make, constitute, commission, 
ordain and appoint, by such name or names, style or styles, as to 
them shall seem meet and fitting, all and singular such governors, 
judges, magistrates, ministers, and officers, civil and military, both 
by sea and land, within the said district, as shall by them be thought 
fit and needful to be made or used for the government of the 
said colony (save always and except such officers only as shall by 
us, our heirs and successors, be from time to time constituted and 
appointed for the managing, collecting, and receiving such reve- 
nues as shall, from time to time, arise within the said province of 
Georgia, and become due to us, our heirs, and successors) pro- 
vided always, and it is our will and pleasure, that every governor 
of the said province of Georgia, to be appointed by the common 
council of the said corporation, before he shall enter upon or 
execute the said office of governor, shall be approved by us, our 
heirs, or successors, and shall take such oaths, and shall qualify 
himself in such manner, in all respects, as any governor or com- 
mander in chief of any of our colonies or plantations in America 
are by law required to do; and shall give good and sufficient 
security for observing the several acts of parliament relating to 
trade and navigation, and to observe and obey all instructions, 
that shall be sent to him by us, our heir, and successors, or any 
acting under our or their authority, pursuant to the said acts, or 



122 THE CHARTER OF 

any of them. And we do by these presents, for us, our heirs, or 
successors, will, grant, and ordain, that the said corporation, and 
their successors, shall have full power, for and during, and until 
the full end and term of one-and-twenty years, to commence from 
the date of these our letters patents, by any commander, or other 
officer or officers, by them for that purpose, from time to time, 
appoint to train, instruct, exercise, and govern a militia for the 
special defence and safety of our said colony, to assemble in mar- 
tial array, and put in warlike posture, the inhabitants of the said 
colony, and to lead and conduct them, and with them to encounter, 
expulse, repel, resist, and pursue, by force of arms, as well by sea 
as by land, within or without the limits of our said colony, and 
also to kill, slay, destroy, and conquer, by all fitting ways, enter- 
prizes, and means whatsoever, all and every such person and 
persons as shall at any time hereafter, in an hostile manner, 
attempt or enterprize the destruction, invasion, detriment, or 
annoyance of our said colony; and to use and exercise the law 
martial in time of actual war, invasion, or rebellion, in such cases 
where, by the law, the same may be used or exercised; and also, 
from time to time, to erect forts, and fortify any place or places 
within our said colony, and the same to furnish with all neces- 
sary ammunition, provision, and stores of war, for offence and 
defence; and to commit, from time to time, the custody and 
government of the same to such person or persons as to them 
shall seem meet, and the said forts and fortifications to demolish 
at their pleasure; and to take and surprise, by all ways and 
means whatsoever, all and every such person or persons, with 
their ships, arms, ammunition, and other goods, as shall in an 
hostile manner invade, or attempt the invading, conquering, 
or annoying of our said colony. And our will and pleasure 
is, and we do hereby, for us, our heirs, and successors, declare and 
grant, that the governor or commander in chief of the province 
of South Carolina, for us, our heirs, and successors, for the time 
being, shall at all times hereafter have the chief command of the 
militia of our said province hereby erected and established; and 
that such militia shall observe and obey all orders and directions 
that shall from time to time be given or sent to them by the said 
governor or commander in chief; any thing in these presents 
before contained to the contrary thereof, in any wise, notwith- 
standing. And of our especial grace, certain knowledge, and 
mere motion, we have given and granted, and by these presents, 
for us, our heirs, and successors, do give and grant, unto the 
said corporation, and their successors, full power and authority 
to import and export their goods, at and from any port or ports 
that shall be appointed by us, our heirs, or successors, within 
the said province of Georgia, for that purpose, without being 
obliged to touch at any other port in Carolina. And we da 
by these presents, for us, our heirs, and successors, will and 
declare, that from and after the determination of the said term 
of one-and-twenty years, such form of government and method of 
making laws, statutes, and ordinances, for the better governing 
and ordering the said province of Georgia, and the inhabitants 



GEORGIA. 123 

thereof, shall be established and observed within the same, 
as we, our heirs or successors, shall hereafter ordain or /^ • 
appoint, and shall be agreeable to law; and that from and 
after the determination of the said term of one-and- twenty- 
years, the governor of our said province of Georgia, and all 
officers, civil and military, within the same, shall, from time to 
time, be nominated, constituted, and appointed by us, our heirs 
and successors. And lastly, we do hereby for us, our heirs and 
successors, grant unto the said corporation, and their successors, 
that these our letters patents, or the inrolment or exemplification 
thereof, shall be in and by all things good, firm, valid, sufficient, 
and effectual in the law, according to the true intent and meaning 
thereof, and shall be taken, construed, and adjudged in all our 
courts, and elsewhere, in the most favourable and beneficial sense, 
and for the best advantage of the said corporation, and their suc- 
cessors; any omission, imperfection, defect, matter, cause or thing 
whatsoever, to the contrary in any wise notwithstanding. In 
witness whereof, we have caused these our letters to be made 
patents. Witness ourself at Westminster, the ninth day of June, 
In the fifth year of our reign. 

By Writ of Privy Seal. 

(Signed) COCKS. 



THE END. 



LONDON: 

SAVILL AND EDWARDS, PRINTERS, 

CHANDOS STREET. 



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